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George  Washington  Flowers 

Metnorial  Collection 

DUKE  UNIVERSITY  LIBRARY 

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CALLED  SESSION,  1862, 


AND    or   THE 


SECOND    REGUI.AR   ANNUAL   SESSION 


GENERAL   ASSE5IBLY   OF    ALABAMA, 


HELD  IN  TnE 


CITY    OF   MONTGOMERY. 


COMMENCING  ON   THE 


27TH  DAY  OF  OCTOBER  AND  SECOND  MONDAY  IN  NOVEMBER,  1862. 


JOHN  GILL  SHORTER,  Governor. 

WALTER  H.  CREXSIIAW,  Speaker  of  House  of  Representatives. 
R.  ]\L  PATTOX,  President  of  the  Senate  until  Nov.  10,  1862. 
J.  M.  CALHOUN,  President  of  the  Senate. 


MONTGOMERY,  ALA.: 

MONTGOMERY  ADVEUTISKU  BOOK  AND  JOB  OFFICE. 
1862. 


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:'>.. 


L^AVS  OF  ^L^BAMA. 


Ko.  1.]  AK  ACT 

To  amend  the  Revenue  Laws  of  this  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  Geiwal  Assembly  f^^^'°^  *^'^^' 
convened^  That  the  following  rules,  as  to  the  taxation  of 
persons  and  property',  are  hereby  established,  to-wit : 

1.  All  lands  subject  to  taxation  must  be  taxed  in 
proportion  to  their  value. 

2.  Land  belonging  to  citizens  of  the  Confederate 
States  residing  out  of  the  State,  cannot  be  taxed  higher 
than  land  belonging  to  persons  residing  therein. 

3.  No  tax  can  be  imposed  on  land,  the  property  of 
the  Confederate  States. 

4.  All  navigable  waters  within  the  State  are  to  re- 
main forever  public  highways,  tree  to  the  citizens  of 
the  State,  and  of  the  Confederate  States,  without  any 
tax^  imiiost,  or  toll  thereon,  imposed  by  the  State. 

o.  The  following  persons  and  property  are  exempt 
from  taxation  : 

C.  All  property  belonging  to  the  State,  or  any  county 
thereof,  or  the  State  bank,  or  its  branches. 

7.  All  property  of  the  Confederate  States. 

8.  All  property  of  literary,  scientific  and  benevolent 
institutions,  actually  used  for  the  purposes  for  which 
such  institutions  were  created  ;  not  exempting,  how- 
ever, any  of  such  property  when  invested  iti  stocks,  or 
employed  in  any  other  than  the  regular  business  of  such 
institutions. 


18t)2. 


?uVijects  &  rates 
of  taxation. 


Poll. 


Male  free  ne 
groes. 


Female  free  ne- 
groes. 


Real  estate. 


Slave*,  t'xcept 
mechan'.cs. 


0.  Houses  of  religious  worship,  aud  their  appurte- 
nances. 

JO.  Places,  and  monuments  of  the  dead,  and  imple- 
ments of  burial. 

11.  Agricultural  and  horticultural  instruments,  im- 
plements, vehicles  and  utensils,  -when  kept  for  use, 

12.  The  ])roperty  of  revolutionary  soldiers  and  their 
•widows,  to  the  value  of  one  thousand  dollars. 

13.  The  property  of  soldiers  who  served  in  the  war 
of  1812,  those  who  served  in  the  Mexican  war,  those 
who  served  in  the  Florida  war,  and  those  now  in,  or 
who  may  hereafter  be  in  the  military  service  of,  the 
Confederate  States,  or  who  shall,  at  the  time  of  assess- 
ment, have  received  an  honorable  discharge  from  such 
service,  and  of  the  widows  of  all  such,  property  to  the 
value  of  one  thousand  dollars. 

14.  All  insane  persons,  and  their  property,  to  the 
value  of  one  thousand  dollars. 

Sec.  2.  Be  it  further  enacted^  That  taxes  are  to  be  as- 
sessed b}'  the  assessor  in  each  county  on,  and  from, 
the  following  subjects,  and  at  the  following  rates,  to- 
wit ; 

1.  On  every  wliite  male  inhabitant  between  the  ages 
of  twenty-one  and  sixty,  except  those  in  the  military 
service  of  the  Confederate  States,  seventy-live  cents. 

2.  On  every  male  free  negro,  between  twenty-one 
and  fifty  years  of  age,  five  dollars. 

3.  On  every  female  free  negro,  between  twenty-one 
and  forty-five  years  of  age,  three  dollars. 

4.  On  all  real  estate,  to  be  estimated  at  its  real  value 
in  money,  and  not  at  forced  sale,  according  to  ths  best 
judgment  the  assessor  can  form  by  information,  in- 
spection, or  otherwise,  taking  into  consideration  its 
location,  whether  in  a  town,  city,  or  the  country,  its 
proximity  to  local  advantages,  its  quality  of  soil,  growth 
of  timber,  mines,  minerals,  quarries,  fossils  and  im- 
provements, excepting  such  as  are  herein  separately 
specified  and  taxed,  for  each  hundred  dollars  of  the 
value  thereof,  and  at  that  rate,  twenty-five  cents. 

5.  All  slaves,  except  mechanics,  tanners,  shoe  mak- 
ers, or  of  some  other  trade,  craft  or  occupation,  which 
renders  them  of  extra  value,  actually  engaged  in  their 
trade,  or  those  who,  from  unsoundness  or  other  disability, 
are  of  less  value  than  ordinary  slaves  of  like  age,  shall 
be  assessed  as  follows : 


1862. 


1    On  each  slave  under  5  years  of  age,    50  cents. 


"  between  5  k  10 

a 

75 

"  10  &  15 

'• 

150 

"  15  &  30 

u 

200 

"  30  &  40 

(( 

150 

"  40  &  50 

(( 

100 

"  50  &  60 

(( 

40 

3     "       '• 

5  "       '* 

6  "       " 

Mechanics,  and  others  of  extra  value,  actually  engaged  Mecimn-cs. 
in  their  trade,  and  those  who,  from  .unsoundness  or 
disability,  are  of  less  value  than  slaves  of  like  age,  shall 
be  valued  at  whatever  prices  the  assessors,  from  the 
best  information  to  be  obtained  hy  them,  may  adjudge 
them  to  be  worth  ;  and  upon  such  valuation  there  shall 
be  assessed  a  tax  of  one-fourth  of  one  per  cent. 

6.  There  is  also  to  be  assessed  and  collected,  as  asiavefund. 
separate  fund   to  paj-  for  slaves  executed  for  capital 
crimes,  on  each  slave  under  ten  years  of  age,  one  cent; 

and  on  each  over  ten,  and  under  sixty  years,  two  cents. 

7.  On  all  passes,  canals,  channels,  and  property  of  the  passes, canals, 
like  kind,  estimated  in  the  same  manner  as  mills,  ^^c., '^*'*""*^''''*''- 
on  each  hundred  dollars  of  the  real  value  of  the  prop- 
erty, twenty-five  cents. 

8.  On  all  capital  employed  by  agent,  or  otherwise,  „   ..  , 

in  tlie  way  01  loan,  or  trading  in  paper,  at  not  more  atiegai  inan-st. 
than  the  legal  rate  of  interest,  or  in  tlic  regular  ex- 
change business,  in  or  during  the  tax  year  ending  on 
last  day  of  February  preceding  the  assessment,  on  each 
hundred  dollars  thereof,  and  at  that  rate,  thirty-three 
and  one-third  cents. 

9.  On  all  money  and  debts  purposely  kept  at  inter- Monoy.ind.ieiti 
est,  whether  lent  to,  or  in  the  hands  of,  persons,  corpo- """'^'^"^ 
rations,  or  companies,  in  or  out  of  the   State,  whether 

the  evidence  of  the  debt  is  annually  renewed  or  not,  or 
whether  running  to  maturity  or  past  due,  on  which  tax 
is  not  paid  in  some  other  form  or  manner  to  the  State 
annually,  there  shall  be  assessed  and  paid,  for  each  hun- 
dred dollars,  thirty-three  and  one-third  cents. 

10.  On  all  crops,  or  the  proceeds  tliercof,  loaned  or  crop*  loured  or 
kept  at  interest,  there  shall   be  levied  and  collected  a  •"'''"' '°'"*■•'• 
tax  of  thirty-three  and  one  third  cents  on  every  hun- 
dred dollars  so  loaned  or  kept  at  interest. 

11.  On   all   money  hoarded   there  shall   be  assessed  Mon-y  botrjed 
and  collected,  on   every  hundred  dollars,  one   dollar; 

and  under  the  term  hoarded  shall  be  embraced  all  mo- 
ney withheld  from  circulation,  as  well  as  all  money  de- 


1862.  6 

posited  out  of  the  State,  money  lent  out  of  the  State 
at  a  less  rate  of  interest  than  five  per  cent  per  annum, 
and  all  money  on  hand  :  Provided,  that  money  kept  on 
hand  exclusively  to  purchase  family  supplies,  not  to 
exceed  the  amount  necessary  for  one  year,  shall  not  be 
considered  as  money  hoarded. 

12.  On  all  capital  employed,  by  agent  or  otherwise, 
Hrgre!li°r°?han  iM  Or  duriug  such  ycar,  in  the  way  of  loan  or  dealing 
i.g;ii  interest.  j,j  paper,  at  a  greater  rate  than  the  legal  rate  of  inter- 
est, on  each  hundred  dollars,  and  at  that  rate,  one  dol- 
lar; and  all  bills,  notes,  checks,  certificates  of  deposit, 
or  other  issues,  credits  of  any  corporation,  company, 
partnership,  or  individual,  either  in  or  out  of  the  State, 
used  or  employed  in  the  way  of  loan,  dealing  in  paper, 
or  in  a  regular  exchange  business,  is  regarded  as  capital 
under  this  section,  and  must  be  assessed  as  if  gold  or 
silver  was  used  or  employed. 

13.  On  each  hundred  dollars  worth,  and  at  that  rate, 
VuniUurcyL^'    of  all  jcwclry,  plate,  household  furniture,  ornaments, 

whether  kept  for  use,  sale,  or  otherwise,  over  the  value 
of  two  hundred  dollars,  except  family  portraits,  fifty  cents. 

Ttbicies.  14.     On  all  vehicles  kept  for  use,  and  not  exempt 

from   taxation,  on  each   hundred  dollars  of  the  value, 
and  at  that  rate,  fifty  cents. 

Neat  cattle.  15.     On  cach  licad  of  neat  cattle,  over  twenty-five 

head,  otie  cent. 

Horses  it  mules.  16.  Oil  all  horscs  Or  mulcs  kept  principally  for  the 
saddle  or  harness,  stud  horses  and  jacks,  on  every  hun- 
dred dollars  of  the  value,  and  at  that  rate,  one  dollar. 

Racehorses.  17.     On   all   liorscs  whicli,  in  or  during  the  tax  year 

preceding  the  assessment,  have  been  entered,  trained  or 
run,  five  dollars. 

Capital  stock  of     1^'     ^^*   ^^'^  corporatiotis  created  under  any  law  of 

corporafons.  this  State,  cxccpt  rail  roads,  and  not  exempt  from  tax- 
ation, on  each  hundred  dollars  of  their  capital  stock 
actually  paid  in,  and  belonging  to  persons  not  exempt 
from  taxation,  fifty  cents;  but  such  corporation  is  exempt 
from  tax  (if  it  ptiys  a  tax)  upon  its  separate  property, 
equal,  at  its  cost  value,  to  the  amount  of  such  capital 
stock,  and  so  ^^ro  rata  in  the  proportion  which  its  property, 
separately  taxed,  bears  to  the  amount  paid  ot  its  capital 
stock. 

19.     On  the  gross  amount  of  all  auction  sales   made 

Auction  sales.       •  ^       •  i.\        l  ^•  ^\ 

in  or  during  the  tax  year  preceding  the  assessment,  ex- 
cept those  made  by  executors,  administrators  and  guar- 


7  1862. 

dians,  as  such,  by  order  of  court,  or  under  legal  pro- 
cess, and  under  any  deed,  will,  or  mortgage,  on  every 
hundred  dollars,  and  at  that  rate,  ten  dollars;  except 
on  cargo  sales  of  imported  goods,  which  shall  be  two 
dollars  on  every  hundred  dollars. 

20.  On  the  gross  amount  of  premiums  (after  deduct-  insurance  pre- 
ing  therefrom  all  return  premiums)  received  from  their '"'"•"s. 
business  in  this  State,  during  such  tax  year,  by  any  in- 
surance company  not  chartered  by  this  State,  and  doing 
business  herein,  by  agent  or  otherwise,  on  every  hun- 
dred dollars,  and  at  that  rate,  two  dollars:  one-half  of 

which  goes  to  the  county  where  the  agency  is  located 
or  doing  business,  and  the  other  half  to  the  State. 

21.  On  every  pack,  or  part  of  a  pack  of  playing  cards  piayjng  cards. 
sold,  by  wholesale  or  retail,  or  otherwise  disposed  of  or 

used,  during  such  tax  year,  one  dollar. 

22.  On   every  article,  piece  of  property,  or  sum   of  nanios. 
money,  put  up  or  disposed  of  b}' raffle,  in  such  tax  year, 

on  each  hundred  dollars  of  the  amount  at  which  the 
same  is  put  up,  and  at  that  rate,  ten  dollars ;  to  be  as- 
sessed against  the  person  in  possession  of  the  house  in 
which  the  raffle  is  had;  and  if  no  house,  then  against 
t]ie  person  making  up  such  rafle,  or  the  owner  of  the 
article  or  propcrt3\ 

23.  On  each  gold  watch  kept  for  use  in  such  tax  year,  ooid  watches. 
by  male  or  female,  one  dollar. 

24.  On   every  gold  safety,  vest,  or  fob  chain,  silver  *"'°'<' chains,  sii- 
watch,'or  clock,  kept  for  use  in  such  tax  year,  iifty  cents,  docks. 

25.  On  all  lawyers,  surgeons,  phj^sicians,  and  dentists,  professional  in- 
who  have  been  three  years  at  the  practice,  ten  dollars;'""^"" 

or  at  their  option,  on  each  hundred  dollars  of  their  in- 
come derived  from  such  profession,  during  such  tax 
year,  and  at  that  rate,  fifty  cents. 

20.  On  every  legacy,  where  letters  testamentary  have  legacies. 
not  been  taken  out  in  this  State,  received  by  an}'  per- 
son other  than  the  child,  adopted  child,  grand-child, 
brother,  sister,  father,  mother,  husband  or  wife,  and  on 
all  property  given  by  deed,  or  otherwise,  to  any  such 
person,  on  each  hundred  dollars  of  the  amount  or 
value  thereof,  and  at  that  rate,  to  be  assessed  to  the 
beneficiary,  guardian,  trustee,  or  legal  representative, 
five  dollars. 

Sec.  3.     Be  it  further  enacted^  That  there  shall  be  as- Net  prosu  or 
sessed  and  collected  a  tax  of  five  percent,  upon  all   net*^**- 
profits  derived  during  the  year  ending  on  the  last  day 


1862.  8 

of  February,  1863,  from  the  sale,  whether  at  auction  or 
by  private  sale,  of  all  liquors,  groceries,  breadstufls, 
meats,  salt,  grains,  provisions,  leather,  hides,  shoes,  to- 
bacco, cotton,  horses,  mules,  negroes,  beef  cattle,  hogs, 
bagging,  rope,  guns,  pistols,  powder,  shot,  lead,  per- 
cussion caps,  candles,  cigars,  jewelry,  gold  aud  silver 
plate,  and  plate  of  other  sorts,  snufl"  fruit,  confection- 
eries, drugs,  medicines,  dye-stuSs,  hardware,  queens- 
ware,  earthenware,  cutlery,  and  all  other  kinds  of  mer- 
chandize or  commodities  sold  during  said  year,  which 
^-  may  have  been  obtained  by  purchase  or  barter,  whether 

such  purchase  or  barter  was  made  before  or  after  the 
first  day  of  March,  1862;  and  on  each  free  bank  of  this 
State,  including  the  Savings  Bank  of  Mobile,  on  each 
hundred  dollars  of  its  stock  there  shall  be  assessed  and 
collected  a  sum  equal  to  thrice  the  amount  of  the  tax 
levied  on  land.  There  shall  also  be  assessed  and  col- 
lected a  tax  of  [five  per  cent,  on  the  net  profits  of 
agents,  brokers,  or  factors  for  the  purchase  or  sale  of 
.cotton  or  other  articles  of  merchandize,  either  on  do- 
mestic or  foreign  account;  also,  on  commissions  of  auc- 
tion sales  of  any  of  the  articles  herein  enumerated: 
and  whenever  goods,  wares,  merchandize,  or  property 
of  any  kind  enumerated  in  this  section,  is  the  property 
of  non-residents  of  this  State,  and  sold  at  auction  in 
this  State,  the  same  shall  be  subject  to  a  tax  of  two  per 
cent. ;  and  the  auctioneer  selling  such  goods  shall  be 
held  liable  to  pay  the  same  under  the  penalties  herein 
prescribed  in  other  cases.  And  in  estimating  the  pro- 
fits under  this  section,  it  shall  be  done  in  reference  to 
the  original  price  paid  to  the  producer  or  manufacturer, 
or  paid  by  the  importer,  adding  in  all  cases  the  expense 
of  transportation,  insurance,  exchange,  and  all  other 
bona  fide  expenses. 
Net  profl'sof  ^EC.  4.  B(t  it  farther  enacted,  That  there  shall  be  as- 
sessed and  collected  a  tax  of  five  per  cent,  on  the  net 
profits  derived  during  the  year  ending  on  the  last  day 
of  February,  1863,  from  all  rail  roads,  steam  boats,  om- 
nibuses, stage  coaches,  hacks,  warehouses,  drays,  saw, 
grist,  and  other  mills,|distilleries,  breweries,  tanneries, 
foundries,  forges,  hotels,  restaurants,  establishments  for 
majiufacturing  or  repairing  shoes,  harness,  hats,  carri- 
ges,  wagons,  guns,  pistols,  pikes,  bowie  knives,  estab- 
lishments for  manufacturing  iron,  woolen  and  cotton 
goods,  cotton  yarns,  or  for  carding  and  spinning  woo 


incomes. 


9  1862. 

or  cotton,  mining,  quarrying,  working  marble,  and  all 
other  kinds  of  manufacturing  establishments,  presses 
for  compressing  cotton,  printing  establishments,  cotton 
pickeries,  wharves,  toll  bridges,  ferries,  and^livery  sta- 
bl«8;  also  a  tax  of  five  per  cent,  upon  the  net  profits 
realized  by  any  express  companj'-,  telegraph  and  gas 
companies,  brokers  and  dealers  in  exchange. 

Sec.  5.     Be  it  farther  enacted.,  That  in  estimating  the  now  net  profits 
net  profits  under  the  preceding  section,  it  shall  be  done  led!"*"^"'"""' 
in  reference  to  the  amount  of  capital  actually  invested 
and  necessarily  employed,  and  shall  include  the  profits 
on  sales  and  re-sales,  made  directlj'  or  indirectl}^  either 
in  or  out  of  this  State. 

Sec.  6.     Be  it  farther  enacted,  That  no  tax  shall  be  ^^en  net  pro. 
assessed  and  collected  upon  the  capital  employed  in  any  fi«3  are  taxed,  no 
business  the  net  profits  of  which  are  taxed  by  any  lawtaK^" 
of  this  State,  except  on  capital  employed   in  tanneries,  Exception, 
and  establishments  for  manufacturing  woolen  or  cotton 
goods,  cotton  yarns,  or  in  the  manufacture  and  sale  of 
shoes,  or  invested  in  steam  boats. 

Sec.  7.  Be  it  farther  enacted,  That    upon   all  notes  or  chamre  biiig  or 
bills,  drafts,  orders,  checks,  certificates  of  deposit,  or  ^ea°r'''u)*'*5iarc'ii 
paper   of  any  kind  or  form,  heretofore  emitted  without  iscs. 
the  authority  of  the  law  of  Alabama,  by  and  on  behalf 
of,  or  for  the  benefit  of  any  resident  of  this  State,  or 
on  the  behalf  of,  or  for  the  benefit  of  any  corporation 
created  by  or  under  any  law  of  this  State,  or  doing  bu- 
siness in  this  State,  or  on  behalf  of,  or  for  the  benefit  of 
any  individual  or  partnership  in  this  State,  to  answer 
the  purposes  of  money,  or  for  circulation  as  money  o.r 
change  bills,  \Miethcr  made  or  emitted  in  or  out  of  the 
State,   there   shall    be  assessed   and    collected  on  the 
amount  of  all  such  notes,  bills,  drafts,  orders,  checks, 
certificates  of  deposit,  or  paper  money  of  any  kind  or 
form,  so  emitted  or  put  into  circulation,  a  tax  of  two 
and  one-half  per  cent,  for  the  tax  year  ending  on  the  For  each  year 
last  day  of  February,  1863 ;  and  for  each  tax  year  there-  '»'"«»'»«'• 
after,  there  shall  be  assessed  and  collected  a  tax  of  fif- 
teen per  cent,  upon  such  amount  as  may  be  outstand- 
ing and  unredeemed  at  the  commencement  of  such  tax 
year:     Prodded,  howcccr,  That  every  kind  of  paper  re- ' 
ferred  to  or  mentioned  above  in  this  section,  emitted  >^ 

by  any  court  of  county  commissioners,  or  any  munici-",  '"^. 

pal  corporation  in  this  State,  shall  be  exempt  from  tax-''"" 
ation. 


1862. 


1% 


Sec.  8.  Bcil further  enacted,  That  the  establishment 
of  the  rates  of  taxation  in  the  preceding  section  shall 
be  a  repeal  of  all  penalties  and  penal  laws  as  to  every 
kind  and  form  of  paper  in  said  section  embraced,  which 
has  heretofore  been  made  and  emitted,  but  shall  not  be 
Repeal  of  certain  a  repeal  of  any  existing  law  as  to  any  such  paper  here- 
penaitieB.         after  made  and  emitted,  or  which  may  be  hereafter  re- 
issued:    Provided,  The  benefits  of  this  section   shall 
Proviso.  jjqI;  apply  to  any  party  who  fails,  on  presentation,  to 

redeem  any  kind  or  form  of  paper  herein  embraced. 

Sec.  9.  Be  it  further  enacted,  That  upon   all  cotton 
hereafter  planted   and  gathered,  there  shall,  tor  each 
^and "gathered'*  y*^^*''  ^^  asscsscd  and  collectcd  on  each  pound  of  seed 
i^reafter.         cottou,  ovcr  and  abovc  twenty-five  hundred  pounds  of 
seed  cotton,  made  and  gathered  during  the  tax  year,  to 
ever}'  full  hand  employed  in  raising  and  gathering  the 
same,  by  any  one  party,  or  on  any  one  plantation  or 
farm,  a  tax  of  ten  cents  per  pound   for  every  pound  of 
excess  over  and  above  twenty-five  hundred  pounds  to 
each  full  hand  employed  in  raising  and  gathering  the 
same;  or  if  the  crop   be  ginned,  then   every  pound  of 
ginned  cotton  shall  be  estimated  as  equal  to  four  pounds 
of  seed  cotton:     Provided,  That  no  tax  shall   be  ira- 
Proviso.  posed  on  any  cotton  planted  after  the  proclamation  of 

the  governor  announcing  that  peace  has  been  made  be- 
tween the  Confederate  States  and  the   United  States, 
or  that  the  blockade  of  the  ports  of  the  Confederate 
States  has  been  removed. 
Profits  nnder       Sec.  10.  Pc  it  furthcr  cnactcd,  That  upon  profits  un- 

Confederate  con-  ,  »'  •  i  i  i-  i 

tract.  der  contracts  with  parties  who,  by  reason  or  such  con- 

tracts, are  released  and  exempted  from  military  service 
in  the  army  of  the  Confederate  States,  there  shall  be 
assessed  and  collected  a  tax  of  ten  per  cent.  And  upon 
all  wages  or  salaries  of  persons  who,  by  reason  of  any 

Wages  or  saia-  enga";ement,  appointment,  or  contract  in  any  depart- 

ries  of  Confcde.         »   ^      ,,   ,,     '     /-{  ^  r     ,  ,       '>-,  ,  i.      l 

rate  employees,  mciit  ot  the  Contcdcrate  Government  are  exempted 
from  conscription,  ten  per  cent,  on  such  wages  or  salary. 
Sec.  11.  Pe  it  further  enacted,  That  all  persons  en- 
gaged in  any  business,  or  pursuit,  the  receipts,  sales, 
profits,  commissions  and  salaries  of  which,  or  capital 

^^menu  under^'  ©mploycd  in  which,  are  subject  to  assessment  and  taxa- 
tion under  the  provisions  of  this  act,  shall  furnish  a 
written  statement,  under  oath,  of  such  receipts,  sales, 
salaries,  commissions,  profits  or  capital,  to  the  assessor; 


11  1862. 

and  any  person  willfully  tailing  or  refusing  to  do  so 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  must  be  tincd  not  more  than  two  thousand  dol- 
lars, and  may  be  imprisoned  not  more  than  one  year, 
one  or  both,  at  the  discretion  of  the  jury  trying  the 
case. 

Sec.  12.  Be  it  further  enacicd.  That  to  enable  the  as- AuUionty    con- 

r    n  1    i.1  1  1       i.  1    ii  ferred  on  Assess- 

sessors  more  lully  and  thoroughly  to  carry  out  the  pro  ors. 
visions  of  this  act,  and  other  laws  of  the  State,  on  the 
subject  of  revenue,  they  are  hereby  authorized  and  cm- 
powered  to  examine  any  other  person  on  oath  as  to 
the  correctness  of  any  list  of  assessment  that  may  be 
rendered,  or  as  to  the  correctness  of  the  valuation  of 
any  property  assessed  ;  and  it  is  made  the  special  duty 
of  assessors  to  inquire  into  the  correctness  of  all  lists 
of  assessment  rendered,  as  well  as  the  fairness  of  the 
valuation  under  every  assessment,  and  whenever  he 
shall  have  reason  to  suspect  that  either  the  one  or  the 
other  has  not  been  correctly  and  fairly  given  in,  lie  shall 
call  in  such  persons  as  are  likely  to  know  as  to  the  cor- 
rectness of  the  assessment,  or  fairness  of  the  valuation, 
and  examine  them  on  oath  in  relation  to  such  assess- 
ment, or  valuation  ;  and  any  person  refusing  to  be  ex- 
amined, or  withholding  any  information  on  such  exam- 
ination, shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  not  less  than  five  hun- 
dred dollars,  at  the  discretion  of  the  jury  trying  the 
case. 

Sec.  13.  BeitfurtJter  enacted^  That  it  is  hereby  made  Duty  of  comp- 
the  duty  of  the  comptroller  to  see  that  the  assessment  ^^^''^^.^'^'J^'^*^; 
of  taxes  on  steamboats  and  other  water  crafts,  wharves,  •'"a'*,  -^c. 
toll  bridges,  ferries,  turnpikes,  foundries,  &c.,  is  duly 
observed  and  executed,  and  for  this  purpose  he  may 
appoint  an  agent,  or  attorney,  in  any  of  the  principal 
cities  or  towns,  or  any  other  prominent  point  in  the 
State,  and  allow  to  such  attorney,  or  agent,  a  fair  com- 
pensation for  his  services.     It  shall  also  be  his  duty  to 
inquire  into  and  correct  past  omissions  to  assess  and  ■,,,,., 

II  1  1         •  1  -1   •  1   •  runner  duij. 

collect  the  tax  on  the  items  above  named  in  this  sec- 
tion. 

Skc.  14.  Be  it  furtJicr  enacted,  That  it  shall  be  the  oommissiuner*' 
duty  of  the  commissioners'  courts  of  the  several  eoun-^^^''^^''p,J*^'»« 
ties  to  revise  and  comj»are  the  assessment  list,  and  if,  in 
their  opinion,  there  is  any  omission,  discrepancy,  irreg- 
ularity, or  error  in  the  assessment,  or  valuation  of  pro- 


1862.  'fft 

pcrty,  profits,  or  salaries,  they  shall,  so  far  as  to  any 
such  supposed  omission,  discrepancy,  irregularity  or 
error,  direct  a  re-assessment  to  be  made,  either  by  the 
assessor  or  such  other  person  or  persons  as  they  may 
deem  most  suitable  and  competent. 

Sec.  15.  Be  it  further  enacted,  That  if   any   person 
shall  fail  or  refuse  to  render  to  the  assessor  of  the  pro- 
per county  a  correct  list  or  statement  of  all  property 
and  profits,  including  salaries  subject  to  taxation,  or 
shall  otherwise  evade,  or  attempt  to  evade,  a  compli- 
Penaity  for  in- aucc  With  tlic  rcvenuc  laws  of  this  State,  he  or  she 
correct  list.       shall  bc  guilty  of  a  misdemeanor,  and  on  conviction 
fined  and  imprisoned,  one  or  both,  at  the  discretion  of 
■  the  jury  trying  the  case:  one-half  of  any  fine  imposed 
under  the  provisions  of  this  section  shall  be  paid  to  any 
person  informing  the  grand  jury  of  the  oti'onse,  and 
such  informer  shall  be  a  competent  witness  in  all  trials 
against  such  oflxjnders. 

Sec.  16.  Be  it  further  enacted,  That  the  ascertainment 
Valuation  to  be  of  all  valucs  aiid  amounts  under  the  revenue  laws  of 
i)aper*'*urrenc>\  this  State  shall  bc  upou  the  basis  of  the  paper  currency 
receivable  in  payment  of  taxes  at  the  time  the  assess- 
ment is  made. 

Sec.  17.  Be  it  further  enacted,  That  it  shall  be  the 
diTribL^te^'biank  duty  of  the  Comptroller  of  public  accounts  to  have 
forms.  printed  and  distributed,  to  the  assessors  and  collectors 

of  the  several  counties  of  this  State,  blank  forms  set- 
ting forth  each  item  of  taxation,  and  that  each  partj 
giving  in  any  property  or  item  subject  to  taxation  shall 
give  in  the  same  in  the  form  prescribed  in  the  assess- 
ment list,  subscribed  and  sworn  to;  all  of  which   lists 
shall  be  filed  in  the  office  of  the  judge  of  probate. 
Collector  to  fill     Sec.  18.  Bs  it  further  enuctcd,  That  the  collector  shall 
eLr  tax-p^yen  fill  up  a  bhuik  for  each  tax  payer,  setting  forth  the 
items  on  which  he  pays  tax,  according  to  assessment, 
and  that  lie  receipt  the  same;  and  upon  the  failure  of 
Penally  for  fall- any  asscssor  or  collector  to  comply  with  the  provisions 
'"^'  of  this,  or  the  preceding  section,  he  shall  be  guilty  of 

a  misdemeanor,  and  on  conviction  fined  at  the  discre- 
tion of  the  jury  trying  the  case. 

Sec.  19.  Be  it  further  enacted,  That  it  shall   be  the 

mlllioli^Tt'    ^l"*-y  ^^  tl^^   commissioner  of  the  land  office  annually 

Land  Office.      to  fumisli  the  comptroller  of  public  accounts  with  a 

statement  of  the   number  of  acres  of  land  sold  and 

entered  in  the  State — shewing  the  nruraber  of  acres  in 


13  1862. 

each  county;  also,  the  number  of  acres  of  land  unsold 
in  the  State,  and  the  number  of  acres  belonging  to  or 
reserved  for  railroads  in  the  State;  shewing  also  the 
number  of  acres  vacant  and  the  number  belonging  to 
or  reserved  for  railroads  in  each  county. 

Sec.  20.  Be  it  further  enar.kd,  That  it  la  hereby  made  ^33';°",fpJ° 
the  duty  of  the  comptroller  of  public  accounts,  in  his'""»'*''°'^'*<^' 
annual  report,  to  show  the  number  of  acres  of  land 
subject  to  taxation  in  the  State,  the  number  of  acres 
taxable  in  each  county,  and  the  number  actually  as- 
sessedand  paying  tax  in  each  county;  also,  the  quan- 
tity of  vacant  lands  in  the  State,  the  quantity  belong- 
ing to  or  reserved  for  railroads  in  the  State,  as  well  as 
the  quantity  of  each  class  in  the  several  counties  of 
the  State. 

Sec.  21.  Be  it  further  enacted,  That  the  tax  year  shall  The  tax  year. 
be  the  year  ending  on  the  last  day  of  February  in  each 
year. 

Sec.  22.  Be  it  farther  enacted,  That  all  laws  and  parts  c»rtaiiiiaws  re- 
of  laws  in  conflict  with  the  provisions  of  this  act  be, ''^*^'^' 
and  the  same  are,  hereby  repealed;  and  that  all  laws 
and  parts  of  laws  not  in  conflict  therewith  be,  and  the 
same  are,  hereby  continued  in   force,  and  shall  be  em- 
braced iti  any  compilation  of  the  laws  on  the  subject  unued  in  force. 
of  revenue  that  has  been,  or  maybe,  provided  for  by 
any  act  ol  this  general  assembly. 

Sec.  24.  Be  it  further  enacted.  That  the  following  taxes  Taxes  and  iicen- 
and  licenses  shall  be  assessed  and  collected  by  the  judge  f,\  by  ^'r'oba'ie 
of  probate,  to-wit:  *  •'"•''^"• 

1.  On  every  legacy  subject,  under  the  provisions  of 
this  act  to  assessment,  left  by  any  will,  on  which  let- 
ters testamentary  are  taken  out  in  this  State,  there 
must  be  assessed  and  collected,  by  the  judge  of  probate 
of  the  county  in  which  such  letters  are  taken  out,  on 
every  hundred  dollars,  and  at  that  rate,  of  the  value  orLcgaciei. 
amount,  five  dollars;  and  if  not  paid  on  the  receipt  of 
such  legacy,  such  judge  must  issue  execution  for  the 
amount  of  such  assessment,  against  the  executor,  or 
administrator,  and  his  securities,  to  be  collected  and 
returned  as  other  executions  from  the  probate  court. 

2.  On  each  lecture,  to  which  entrance  fees  are  charged,  i,ccture«. 
four  dollars;  if  not  paid  to  the  judge  of  probate  on  de- 
mand, the  lecturer  to  be  brought  before  such  judge, 

and  fined  ten  dollars  for  each  lecture  he  has  failed  to 
pay  for  on  demand. 


1862. 


14 


Certificate  tinder 
official  seal. 


Ltcensep, 


Retail. 


AuctloneerB, 


J)aguerreotyp- 
Isis,  &c. 


Demists, 


Billiard  tables. 


Bagatelle. 


Ten -pin  Alley. 


3.  On  each  certificate,  under  their  official  seal,  ex- 
cept for  the  benefit  of  a  soldier,  or  his  family,  and  on 
all  licenses,  except  marriage  licenses,  the  judge  of  pro- 
bate must  collect  a  tax  of  fifty  cents. 

4.  Licenses  are  to  be  granted  and  issued  on  the  pa}*- 
raent  of  the  following  sums  as  State  tax,  the  county 
tax  thereon,  and  fees: 

5.  To  retail,  for  one  year,  spirituous  or  vinous  liquors, 
on  any  steamboat  or  water  craft,  one  hundred  and 
twenty  dollars;  in  a  city,  or  town  having  more  than 
one  thousand  inhabitants,  one  hundred  and  fifty  dol- 
lars; in  a  cit}',  town  or  village  having  more  than  five 
hundred,  and  less  than  one  thousand  inlnbitants,  eighty 
dollars;  in  cities,  towns  and  villages  having  less  than 
five  hundred  inhabitants,  sixty  dollars;  and  in  the 
country,  forty  dollars. 

G.  To  carry  on  the  business  of  an  auctioneer  through- 
out the  State,  for  one  year,  forty  dollars. 

7.  To  practice  or  carry  on  the  business,  for  one  year, 
of  a  daguerreotypist,  ambrotypist,  photographist,  or 
any  modification,  or  improvement,  or  form  thereof,  in 
taking  pictures,  either  on  glass,  paper,  metal,  or  in  any 
other  way,  by  whatsoever  name  they  may  be  known, 
or  may  call  themselves,  at  one  station  in  the  county, 
or  in  a  village  not  having  more  than  five  hundied  in- 
habitants, ten  dollars;  in  towns  with  not  more  than 
four  thousand  inhabitants,  fifty  dollars;  to  practice  the 
art  generally,  anywhere  in  the  State,  one  hundred  dol- 
lars. 

8.  To  carry  on  the  business  of  dentistry,  by  any 
transient  dentist,  who  has  not  been  a  resident  of  the 
State  for  twelve  months,  for  one  year,  throughout  the 
State,  one  hundred  dollars. 

9.  To  keep  a  billiard  table  for  public  play,  for  one 
year,  one  hundred  and  fifty  dollars;  at  a  watering  place, 
for  six  months,  seventy-five  dollars;  but  if  used  for  a 
longer  time  than  the  six  months,  under  any  pretence, 
the  owner  or  proprietor  of  the  table  shall  be  liable  to 
indictment  in  the  same  manner  as  if  no  license  had 
been  granted. 

10.  To  keep  a  bagatelle  table  for  public  play,  for  one 
3^ear,  twenty  dollars. 

11.  To  keep  a  ten-pin  alley,  or  alley  of  the  like  kind, 
for  public  play,  for  one  year,  fortj'  dollars;  at  a  water- 
ing place  for  six  months,  twenty  dollars ;  but  if  used 


15  '1862. 

for  a  longer  time  than  six  months,  tlie  same  penalty  is 
imposed  as  for  a  billiard  table. 

12.  To  keep  any  other  table,  stand  or  place,  for  any  Any  other  table, 
other  game  or  play,  with  or  Avithout  a  name,  for  one '^''"'^"'^''''^"' 
year,  unless  for  exercise  or  amusement  only,  and  not 
prohibited  by  law,  twenty  dollars. 

13.  To  keep  a  public  race  track,  for  one  year,  on  ev-P"^biic  nace 
ery  hundred  dollars,  and  at  that  rate,  of  the  gross  an- 
nual income,  as  near  as  the  same  can  be  ascertained,  ten 
dollars;   but  \n  no  case  less  than  fifty  dollars. 

14.  For  theatres  in  a  city,  two  hundred  dollars;  in  Theatres. 
a  village  or  w^atering  place,  sixty  dollars  for  one  year. 

15.  For  concerts  or  musical  entertainments  for  pro- concerts, 
fit,  for  each,  ten  dollars. 

16.  To  exhibit,  fin'  profit,  any  museum,  wax  works, 
menageries,  or  curiosities  of  any  kind,  except  paintings  Museum*,  Mena- 
and  statuary,   on   each   day's  and   night's  exhibition,  ''^     ' 
twenty  dollars. 

17.  To  exhibit  dwarfs,  persons  of  unusual  size,  or  j,j^jj,.t,„„g   ^^ 
persons  or  animals  deformed,  throughout  the  State,  for  "warfs.&c. 
any  one  day,  fifty  dollars;  but  not  to  exceed  two  hun- 
dred dollars  for  an}-  number  of  exhibitions  in  the  same 

place,  on  consecutive  days,  exclusive  of  Sundays. 

18.  For  the  exhibition  of  a  circus,  feats  of  activity,  oircuscB,  ac. 
and  sleight  of  hand,  for  each  exhibition,  not  exceeding 
twenty-four  hours,  twenty  dollars. 

19.  To  peddle  for  oi^.e  year,  on  any  one  steamboat  or  P^^dUog. 
water  craft,  one  thousand  dollars;  in  a  wagon,  for  each 
wagon   in   a  county,   one  thousand   dollars;  for  each 
horse  in  a  county,  five  hundred  dollars;  on  foot  in  each 
county,  three  hundred  dollars  for  each  person. 

20.  For  exhibiting  spirit  rappings,  spiritual  maniles-spiru-ropping. 
tations,  or  other  device,   by  whatsoever  name  called, 

which  professes  to  reveal  communications  from  the 
spirits  of  the  living  or  the  dead,  for  profit  or  otherwise, 
live  hundred  dollars  for  each  day  they  shall  exhibit. 

21.  To  sell,  offer,  or  expose  for  sale,  by  a  negro  trader,  If ^[^i"" •"'* 
broker  or  agent,  for  the  sale  of  slaves,  twenty  dollars 

on  each  slave;  but  this  tax  is  not  to  be  imposed  on 
such  slaves  as  may  be  sold  on  commission  for  citizens 
of  this  State,  wlien  the  owner  or  owners,  or  any  one  of 

.1  ii  i-  I        .  i  -11  1       As  to  retidcDl!!. 

tnem.  or  the  auctioneer,  broker  or  agent,  will  make 
affidavit  in  writing,  to  whom  such  slaves  belong,  that 
8ucli  owner  or  owners  of  such  slaves  are  residents  of 
this  State,  and  have  owned  sucli  slaves  for  more  than 


1862.  if 

one  year  immediately  preceding  such  sale,  oft'er,  or  ex- 
posure for  sale,  and  upon  which  slaves  the  regular 
State  and  county  taxes  for  the  year  in  which  such  pro- 
perty nia}'  be  sold,  shall  have  been  paid  before  such 
sale;  but  shall  in  no  case  apply  to  any  slaves  owned  by 

any  trader,  broker  or  auctioneer,  or  other  person  sell- 
License  must  set .     "'i  1^.  ;.  rnii- 

forth.  ing  slaves  on  speculation,  or  as  a  business,     ihe  license 

to  authorize  the  sale,  ofl'er,  or  exposure  for  sale,  in  any 
county  of  the  State,  must  set  forth  the  name  and  de- 
scription of  the  slaves,  except  in  the  case  of  small  chil- 
dren having  no  name,  which  must  be  described  by  their 
ages. 

22.  All  licenses,  unless  otherwise  declared  b}'  law, 
u!"bTfbr'''"ne  ^^^^  ^^  ^^^  ^"^  jsar,  aud  confined  to  the  county  in 
year.              which  they  are  granted;  and  when  issued  for  retailing, 

keeping  billiard  tables,  ten-pin  alleys,  or  alleys  of  the 
like  kind,  or  any  stand,  table,  or  place  for  any  other 
game  or  phi}',  to  one  place  only  in  the  county;  and  in 
all  cases  to  the  person  alone  to  whom  the  license  is 
granted;  and  it  is  hereby  expressly  made  the  duty  of 
the  judge  of  probate  of  each  county,  by  himself  or 
agent,  to  inquire  of  every  person  doing,  or  oflering  to 
do,  any  business  for  which  a  license  is  required,  and 
ascertain  whether  the  law  has  been  complied  with,  and 
if  not,  to  cause  the  person  to  he  bound  over  to  court. 

23.  If  any  person  does  any  act,  engages  in  any  busi- 
without  license,. n ess,  kccDS  auv  table,  opens  any  theatre,  gives  any  con- 

the  penaiiy.  ,  '        ,  .',  .,.     '  '    n^  ''  ■  n      i   •       ^y  •  l 

cert,  exhibition,  or  performance,  specified  m  this  act  as 
the  subject  of  a  license,  or  being  a  negro  trader,  broker, 
or  agent  for  the  sale  of  slaves,  sells,  offers,  or  exposes 
fgr  sale  any  slave,  without  first  obtaining  a  license 
therefor  from  the  proper  authority,  he  is  guilty  of  a 
misdemeanor,  and,  on  conviction,  must  be  fined  at  the 
discretion  of  the  jury  trying  the  case;  and  if  the  con- 
viction is  for  selling  spirituous  or  vinous  liquors  with- 
out a  license,  the  court  may  imprison  the  offender  not 
exceeding  sixty  days. 

24.  In  those  cases  in  which  a  license  is  not  confined 
Persons  to  ex- to  onc  couuty,  it  is  the  duty  of  the  judge  of  probate  to 

iubit   license    in  .  ,.1  r-n-  ii>  ^    • 

certain  cases,  rcqun'c  ot  tlic  pcrsou  followHig  the  busiucss,  or  doing 
the  act,  to  exhibit  his  license;  and  on  his  failure  so  to 
do,  or  if  he  has  any  reason  to  suppose  that  such  person 

Penalty  for  fail- jj^s  violated  the  pi'ovisions  of  this  section,  such  judge 
must  at  once  issue  his  warrant  to  any  sheriff,  or  con- 
stable, and  cause  such  person  to  be  brought  before  him, 


It  1862. 

and  boimd  over  to  the  next  circuit  court  of  tlic  county 
in  a  sum  equal  at  least  to  double  the  amount  of  the 
license  money;  and  failing  to  give  security,  he  must  be 
committed  to  jail  until  such  Bccurity  is  given,  or  he  is 
otherwise  discharged  by  law;  but  if  such  person,  on 
being  brought  before  such  judge  of  probate,  pays  the 
amount  of  license  money,  count}^  tax,  fees,  and  all  coats, 
he  may  be  discharged. 

25.  The  judge  of  probate  of  each  county  must,  on 
the  first  day  of  each  circuit  court,  furnish  to  the  fore-  PiobatcJuigc 

L'  A.)  1   '  LI.  i.*  'i.'  1  •  must  furni^li  i') 

man  or  the  grand  jury  a  statement  in  writing,  showing  Grandjur;. 
the  licenses  granted  under  this  act,  within  two  years 
preceding  such  court,  to  whom,  and  for  what,  such 
license  was  granted;  and  failing  so  to  do,  on  convic- 
tion, must  be  lined  not  less  than  one  hundred  dollars. 
ArpROVED,  Dec.  9,  18G2. 


Xo.  2.]  AN  ACT 

To  amend  an  act,  approved  Dec.  7,  18G1,  entitled  an  act, 
to  exempt  from  taxation  a  certain  amount  of  property 
of  volunteers,  and  the  widows  of  deceased  volunteers. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act  to  exempt  from  taxation  a  certain 
amount  of  property  of  volunteers  and  the  widows  of 
deceased  volunteers,  approved  December  7th,  18G1,  be 
and  the  same  is  hereby  amended,  by  striking  out  the" soi.ivi-s-  for 
word  "volunteers  wbenever  it  occurs,  jnui  inserting  in 
lieu  thereof  the  word  "soldiers." 

Approved,  November  17,  1862. 


No.  3.]  AN  ACT 

To  authorize  the  Courts  of  County  Commissioners  of 
the  different  counties  of  this  State  to  levy  a  tax  tor 
the  support  of  indigent  families  of  soldiers  and  other 
purposcTs. 

•Skc.  1.  Be  it  enacted  by  the  Senate  and  House  of  licpre- 
2 


rm.  18 


seiUadces  of   the  State  of  Alabama  in  General  Assembly 
convened,  That  the  courts  of  county  commissioner  of 

Limit oftax.  thc  tliftcrent  countics  of  tliis  State  are  liereby  author- 
ized and  empowered  to  levy  a  tax  not  exceeding  one 
liundred  per  cent,  upon  the  State  tax,  in  the  discretion 
of  the  said  courts,  for  the  purpose  of  supporting,  main- 
taining and  providing  for  tlie  wants  of  the  indigent 
families  of  soldiers  absent  in  the  arniy  of  the  Confed- 
erate States,  the  same  to  be  applied  and  distributed  by 
the  said  courts  respectively  as  they  may  order  and  pro- 
vide. 

p.-rmerievk-sic  Sec.  2.  Be  U  fuvtlier  enacted ,  That  all  and  every  tax 
which  may  liave  been  assessed  and  levied,  and  any  ap- 
propriation heretofore  made  by  any  court  of  county 
commissioners  in  this  State  for  the  purpose  specified  in 
the  first  section  of  this  act,  be  and  the  same  is  hereby 
legalized  and  made  valid,  as  if  the  same  liad  been  done 
in  pursuance  of  law  existing  at  the  time  of  making  the 
same. 

Approved  November  8,  1SC2. 


No.  4.]  AN  ACT 

To  repeal  the  tnx  on  County  Seals  in  certain  cases. 

Sec.  1.  Be  it  enacted  by  ilic  Senate  and  House  of  JRcj^rc- 
scntatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  tax  on  county  seals  autliorized  by 
section  396  of  the  Code  of  Alabama,  be  and  the  same 
is  hereby  repealed  as  to  seals  upon  applications  by  non- 
commissioned oflicers  and  privates,  or  theif  tepresenta- 
tives  for  pay  on  account  of  military  services,  or  on  ap- 
plication to  extend  furloughs. 

Approved  December  2,  1862. 


No.  5.]  AN  ACT 

To  prevent  Extortion, 
Sec,  1.  Be  it  enacted  by  the  Senate  and  House  of  Bejyre^ 


19  1862. 

sentatkcs  of  tne  State  of  Alabama  in  General  Asscmbbj 
convened^  That  from  and  after  the  passage  of  this  act  it 
shall  be  required  of  every  person  or  persons,  or  associa- 
tion of  persons,  who  rnay  buy,  barter  or  trade  for  any 
bacon,  beef,  pork,  corn,  meal,  flour,  salt,  sugar,  molas-"'^*"''"^''''- 
ses,  leather,  shoes,  hides,  cloth,  spun  yarns,  or  any  goods, 
wares  or  merchandize  of  any  description  (exce[>t  drugs 
and  medicines)  in  this  State,  for  the  purpose  of  sale  or^es^so"."*  ^^  *' 
specuhition,  to  give  in   the  same  to  the  tax  assessor^of 
bis  county  on  oath  what  he,  sbe  or  they  paid  for  such 
article  or  articles,  and  what  the  gross  sale  of  the  same 
was  made  at ;  whereupon,  it  shall    be  the  duty  of  said  ^>a'yofa"cssor. 
assessor  to  assess  the  whole  amount  of  the  nett  profits 
of  said  sale,  except  flfteen  per  cent,  on  the  amount  paid  Per  cent, 
for  such  article  or  articles,   and  enter  the  same  on  his 
appraisement  book,   which   shall  be  collected  as  other 
taxes  are  now  collected;  Provided,  this  act  shall  not  be  proviso, 
so  construed  as  to   include  any  live  stock  bought  and 
sold. 

8ec.  2.  Be  it  further  enaeted,  That  if  any  person,  not  as  to  non-rcsi- 
being  a  citizen  of  this  State,  shall  bu}',  barter  for  sale,   ^    ' . 
or  get  possession  of  any  of  the   above-named   articles 
within  this  State,  for  sale  or  speculation  either  in  or 
out  of  this  State,  he  shall  be  guilty  of  a  misdemeanor,  offence, 
and  it  shall  lie  the  duty  of  justices  of  the  peace  in  the 
election  |»recinct  in  W'hich  the  offence  is  committed,  up- 
on information,   to  issue  his  warrant  against  the  said  To  be  bound 
party  so  otfcnding,  and  bind  him  over  to  the  next  cir- *'^"' 
cuit  court  to  answer  such  charge  against  hirn,  and  if 
found  guilty  shall  be  fined  in  any  sum  or  imprisoned 
any  length  of  time  at  the  discretion  of  the  court  try- 
ing the  same. 

Sec.  3.  Be  it  further  enacted,  That  if  any  person  or  as  toihoKcwbo 
persons,  or  association  of  persons,   shall  neglect  or  re- ''^'^"■'^' 
fuse  to  give  in  his,  her,   or  their  tax  as  required  by  the 
first  section  of  this  act,  it  shall  be  the  duty  of  the  said 
assessor  to  assess  a  double  tax  upon  such  [>erson  or  per-  Dmweux. 
sons,  or  associations  of  perilous,  from  the  hest  informa- 
tion he  can  obtain. 

Sec.  4.     Be  it  further  enacted.  That  any  person  who 
shall  knowingly  give  in  an  improper  or  incorrect  list  of 
big  purchases  and  sale.",  as  required  by  the  first  section  penalty  for  in- 
of  this  act,  shall  on  conviction  suflcr  all  the  pains  and '^"'■"''*"•^• 
penalties  inflicted  for  perjury. 

Sec.  5.  Be  it  farther  enactedy  That  during  the  present 


1862. 


20 


Unlawful  to  pur- 
clinfe  '.o  i-cll  in 
same  place. 


From  whom  pur- 
chased. 


Exception. 


Auction    sales 
oolawful 


Judicial  sales 
escepttttt. 


Penilty  for  vio 
latioQ. 


Fee  for  eacl'  con 
victioiL 


Proviso. 


wnr  between  the  Cojifederatc  States  and  the  ITnited 
tStatcs,  ic  sliall  not  be  hiwful  for  any  person  to  purchase 
and  sell,  or  purchase  for  the  purpose  of  selling  or  hoard- 
ing in  the  same  market  or  ?icighborhood  where  pur- 
chased, any  article  or  thing  whatever  used  or  consumed, 
or  suitable  to  be  used  or  consumed  as  food,  shoes  or 
clothing,  (except  raw  cotton)  or  as  material  for  the  pro- 
duction or  manufacture  of  either  food,  shoos  or  cloth- 
ing of  any  kind  or  description  whatever  needed  for  the 
support  and  comfort  of  the  inhabitants  of  this  State, 
from  any  merchant,  trader,  huckster,  producer  or  other 
person  other  than  the  person  importing  such  articles  in 
the  State   holding  the  same  on  sale  in  such  market. 

Sec.  6.  Be  it  further  enacted,  Thatfor  the  period  pre- 
scribed in  the  preceding  section,  it  shall  not  be  lawful 
for  any  person  to  sell,  or  cause  to  be  sold,  at  auction, 
any  of  the  articles  of  food,  shoes  or  clothing,  or  mate- 
rials therefor  embraced  in  the  preceding  section  ;  Pro- 
vided, that  the  inhibition  of  this  section  shall  not  apply 
to  judicial  sales  made  in  conformity  to  the  requirements 
of  the  order  or  decree  of  any  court  of  this  State,  or  of 
the  Confederate  States,  nor  to  any  sale  made  by  any 
trustee  or  mortgagee,  under  a  power  of  sale  bona  fide 
conferred  on  him  for  the  purpose  of  securing  the  pay- 
ment of  a  debt  or  debts  actuallj'  due  and  ov,'ing  from 
the  maker  of  the  deed  or  mortgage  conferring  such 
power;  and  if  an^^  person  shall  violate  or  knowingly 
aid  or  abet  in  the  violation  of  any  of  the  provisions  of 
this  or  the  preceding  section  of  this  act,  he  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  in  any  sum  not  exceeding  twenty  thouf^and  dol- 
lars, and  be  imprisoned  in  the  count}' jail  for  any  period 
not  exceeding  twelve  months  at  the  discretion  of  the 
jury  trying  the  cause. 

Sec.  7.  Be  it  further  enacted,  Thatfor  eajh  conviction 
under  the  provisions  of  this  act,  the  attorney -general 
or  solicitor  shall  bo  entitled  to  a  fee  of  fifty  dollars,  to 
be  taxed  against  the  party  convicted,  and  collected  as 
other  costs  ;  Provided,  the  Governor  by  his  proclama- 
tion may  suspend  the  operation  of  this  act  as  to  all  or 
any  portion  of  the  articles  herein  set  forth  whenever  he 
thinks  the  interest  of  the  people  of  the  State  demands 
it. 

Approved  December  0,  1862. 


21  18G2. 

No.  6.]  AX  ACT 

To  authorize  a  compilation  of  the  Revenue  Laws,  and 
their  puhlication  in  .pnmphlct  form. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rcprc-  (^omptroikT 
senlatives  of  the   btatc  of   Alabama  in   (jrcncrai  Assembli/ Gewr^i  to  wm- 
convened,  That  immediately  after  the  adjournment  of'"''"-- 
the  present  session  of  the  Legislature,  or  as  soon  there- 
after as  practicable,  it  shall   be  the  duty  of  the  Comp- 
troller of  Public  Accounts,  under  the  supervision  and 
direction  of  the  Attorney  CTcneral,  to  collate  and  com- 
pile all  the  laws  then  in   force   upon  the  subject  of  the 
revenue  of  the   State,    properly  arranged  by  divisions 
into  chapters  and  sections,  with  side  notes  and  index, 
60  as  to  be  most  convenient  for  understanding  and  easy 
of  reference. 

Sec.  2,  Be  it  further  enacted,  That  said  revenue  lawsS'y'e  "f  PHm- 
so  compiled  and  arranged  shall  be  printed  in  pamphlet 
or  book  form  b}'  the  public  printers,  in  ^he  same  style 
ill  which  the  acts  of  the  legislature  are  required  to  be 
printed,  with  a  paper  cover  and  title  page,  aiid  that  six  Number  of  cop- 
hundred  copies  thereof  be  delivered  to  the  comptroller 
by  the  10th  day  of  February  next,   who  shall   imuiedi- 

''   ,  11-1  •  .  1  1      .       •      1  How  dittribufeJ 

ately  send  by  mail  seven  copies  to  each  probate  judge, 
one  for  each  member  of  the  court  of  couJity  commis- 
sioners, the  tax  assessor  and  tax  collector  of  his  county, 
and  one  copy  to  each  member  and  officer  of  the  gen- 
eral assembly. 

A[>proved  December  2,  18G2. 


Xo.  7.]  AX  ACT 

To  make  appropriations  for  the  fiscal  year  ending  ou 
the  8<lth  day  of  September,  18G3. 

Section  1.  Be  it  enndrd  hj  the  Se  'ate  and  House  of  lie p- 
resenfatives  of  the  State  of  Alabama  in  General  Assembh/ 
convened^  That  the  following  sums  of  money  be,  and 
th(!  same  are  liereby  jippropriatcd  to  be  paid  to  the  fol- 
lowiiijf  jtcrsons,  in  the  jiayment  of  claims  against  the 
State  for  tlie  fiscal  year  cncling  on  the  3<ith  day  of  Sep- 
tember, one  thousand    eight   hundred  and  Kivfx  three: 


1862.  22 

Executive  ana       ^0  tliG  o-ovcnior  of  tliG  State,  four  tlionsnnd  dollars. 

other  offlcere.  m        i        S^  •     »  i  i        i  n 

To  the  btute  treasurer,  eighteen  nunai'ed  dollars. 

To  secretary-  of  state,  sixteen  hundred  dollars. 

To  comptroller  of  public  accounts,  two  thousand 
dollars. 

To  the  superintendent  of  education,  two  thousand 
dollars. 

To  the  commissioner  of  public  lands,  twenty-five  hun- 
dred dollars. 

To  the  supreme  court  reporter,  twelve  hundred  dol- 
lars. 

To  pay  salary  of  clerk  in  comptroller's  office,  one 
thousand  dollars. 

To  the  judges  of  the  supreme  court,  each,  tour  thou- 
sand dollars. 

To  pay  salary  of  clerk  in  treasurer's  office,  seven  hun- 
dred and  fift}'-  dollars. 

To  the  judges  of  the  circuit  courts,  each,  two  thousand 
dollars. 

To  the  chancellors,  each,  two  thousand  dollars. 

To  the  attorney  general,  four  hundred  and  twenty- 
five  dollars. 

To  the  solicitors  of  the  judicial  circuits,  each,  two 
hundred  and  fifty  dollars. 

To  the  adjutants  and  inspector  generals,  four  dollars  a 
day  for  each  day  they  shall  be  engaged  in  the  actual 
duties  of  their  office,  not  to  exceed  two  hundred  dol- 
lars, each. 

To  the  quartermaster  general,  three  hundred  dollars. 

To  the  State  armorer,  one  hundred  and  fifty  dollars. 

To  the  keeper  of  the  State-house,  one  hundred  and 
fifty  dollars. 

To  the  [)rivate  secretaries  of  the  governor,  fifteen  hun- 
dred dollars. 

To  the  marshal  of  the  supreme  court  and  State  libra- 
rian, one  thousand  dollars,  to  be  paid  quarterly  as  other 
salaries. 

To  the  principal  secretary  of  the  senate  and  the  prin- 
cipal clerk  of  the  house,  each,  seven  dolhirs  per  day  for 
each  day  of  the  extra  and  present  regular  session. 

To  the  assistant  secretary  of  the  senate,  and  the  as- 
sistant and  engrossing  clerks  of  the  house,  each,  six 
dollars  per  day  for  each  day  of  the  extra  and  present 
regular  session. 

For  the  pay  of  such  additional  clerks  as  may  be  em- 


23  18G2. 

plo^'ed  by  the  senate  and  house,  six  dollars  per  day, 
each,  for  the  number  of  days  so  employed. 

To  the  (h'auLi^htsman  in  the  i)ublie  hind  office,  twelve 
hundred  dollars. 

To  the  doorkeepers  of  the  senate  and  house,  each, 
five  dollars  per  day. 

To  the  messengers  of  the  house,  one  dollar  per  day, 
each. 

To  the  secretary  of  the  senate  and  principal  clerk  of 
the  house,  each,  for  completing  the  journals  of  their 
respective  houses,  arranging  and  filing  away  papers  in 
proper  order  for  the  next  session  of  the  general  assem- 
bly, one  hundred  and  fifty  dollars. 

To  the  secretary  of  state,  for  copying  the  journals  of 
both  houses,  at  the  extra  and  present  session,  reading 
proof  sheets  and  superintending  the  printing  of  the 
same,  for  placing  marginal  notes  and  preparing  indexes 
to  the  laws  and  journals,  and  the  distribution  of  the 
same,  four  hundred  dollars. 

For  contingent  expenses  in  the  office  of  superinten- 
dent of  education,  nine  hundred  dollars. 

Sec.  2.  Be  it  further  enacted^  That  the  sum  of  one 
thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sar}-,  be,  and  the  same  is  hereby  appropriated  for  the 
purchase  of  stationery  for  the  general  assembly,  execu-porsiaiioie  y. 
tive  and  state  offices,  and  judges  of  the  supreme  court, 
and  the  comptroller  shall  draw  his  warrant  therefor  on 
the  presentation  of  an  original  voucher,  with  tlie  certi- 
ficate of  the  secretary'  of  state  that  the  same  is  correct. 

Sec.  3.  Be  it  farther  enacted,  That  the  sum  of  eight  For  .lis-riiHii ion 
hundred  dollars  is  hereby  appropriated  to  pay  for  the  ^^^,[''»"'"^'<"'^ 
distribution  of  the  laws  and  journals  of  the  extra  and 
present  sessions  of  the  general  assejubly,  and  the  comp- 
troller of  puldic  accounts  shall  di'aw  his  w'arrant  on 
the  treasurer  in  favor  of  the  several  agents  engaged  in 
the  distribution,  upon  their  producing  the  certificate 
of  the  secretary  of  state,  that  the  sums  charged  are  ac- 
cording to  contract,  and  that  the  services  have  been 
performed. 

Sec.  4.  Be  it  further  enacted,  That  tlic  comptroller  of  ^"'y  "f  <™p- 
public  accounts  is  hereby  authorized  and  recpiircd  to 
draw  his  warrant  on  the  State  treasurer  for  tlie  several 
sums  of  money  herein  appropriated,  at  the  times  pay- 
able by  law,  on  the  production  of  proper  vouchers  and 
receipts  therefor. 


1862.  24 

an;rjH"tiJn."'^  Sec.  5.  Bc  U  further  enacted,  Tliat  the  sum  of  fifty 
thousand  dollars  be,  and  the  same  is  hereby  set  apart 
as  a  contingent  fund,  to  meet  extraordinary  expenses 
and  contingencies,  to  be  drawn  on  the  warrant  of  the 
governor. 
f     Approved,  Dec.  9th,  1862. 


Xo.  8.]  AIs^  ACT 

To  pay  the  Members  and  Officers  of  the  present  Gen- 
eral Assembly. 

Section.  1.  Be  it  enacted  b>/  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Asscinhhj 
convened,  That  the  sum  of  thirty  thousand  dollars  be, 
and  the  same  is  hereby  appropriated  out  of  an}'  money 
in  the  treasurj^  to  pa}*  the  members  and  officers  of  the 
present  general  assembly. 

Apphoved,  Nov.  3d,  1802. 


No.  9.]  AN  ACT 

Making  appropriations  for  the  Military  Defense  of  Al- 
abama. 

Section  1.  Be  it  enacted  b)j  the  Senate  and  Mouse  of  Bep- 
Governor  to      rcscntatives  of  thc  State  of  Alabama  in   General  Assembly 

■Iraw  his  order.  ,      mi      ,    , ,  *  i  i     i  •      i  i 

convened,  i  hat  tiic  governor  be,  and  he  is  hereby  au- 
thorized to  draw  his  order  on  the  auditor  of  the  treas- 
ury, to  defray  the  expenses  of  the  Pay  department, 
Quartermaster's  department,  Commissary  department, 
Ordnance  department  and  Medical  department,  to  be 
How  to  bepsid.  paid  out  of  tlic  appropriations  under  the  several  acts 
"To  provide  for  the  public  safety,'"  "To  provide  for 
the  defense  of  Mobile,"  and  "For  the  defense  of  the 
northern  part  of  this  State,"  enacted  at  the  late  extra 
and  present  regular  session,  or  out  of  any  money  in 
the  treasurv  not  otherwise  appropriated. 
Approved,  Dec.  9,  1802. 


25  11862. 

No.  10.]  AN  ACT 

Authorizing  the  transfer  of  certain  funds  heretofore 
raised  for  special  purposes  to  the  General  Fund  of 
the  State  Treasury. 

Sec.  1.  Be  it  enacted  bj/  the  l^enaie  and  House  of  Rcpre- 
seniatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  entire  amount  of  taxes,  realized  and 
collected,  and  3'et  to  be  collected,  under  and  by  virtue 
of  the  "act  to  provide  for  an  efficient  military  organiza- 
tion of  the  State  of  Alabama,"  approved  the  24th  of 
February,  1860,  except  so  much  thereof  as  may  already 
have  been  expended  for  the  ol;)iects  for  which  said  taxes 
were  levied ;  and  also  whatever  balance  of  the  t"un<l  raised  transf°rrcd?  * 
under  and  by  virtue  of  the  "act  to  provide  a  fund  for 
the  aid  of  indigent  families  of  volunteers  absent  in  the 
army,"  approved  the  11th  of  November,  1861,  and  not 
already  embraced  in,  and  disposed  of  by  the  apportion- 
ment made  by  the  comptroller  of  public  accounts  for 
the  object  set  forth  in  said  act,  be  and  the  same  are 
hereby  trsnsferred  to,  and  made  a  part  of  the  general 
fund  of  the  state  treasury,  to  be  disposed  of  and  used 
as  are  other  moneys  therein  for  general  purposes. 

Ajiproved  December  2,  1802. 


,  What  acts  legal- 


No.  11.]  AN  ACT 

To  legalize  certain  acts  of  the  Courts  of  County  Com- 
missioners of  this  State. 

Sec.  1.  Be  it  enacted  lit/  the  Senate  and  House  of  Jiep- 
resentaiives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  appropriations  of  money,  and  orders 
and  decrees  of  the  courts  of  county  commissioners  ofiztX 
this  State  to  levy  any  sjiecial  tax  for  the  support  of  in- 
digent families  of  soldiers,  and  all  orders,  decrees  and 
ordinances  made  by  them,  or  any  of  them  in  good  faith 
for  that  purpose,  by  bonowing  the  money  or  the  issu- 
ance of  bonds  or  county  scrip  therefor,  be  and  the  same 
are  hercl)y  legalized  and  declared  valid. 

Sec.  2.    Be  it  further  enacted,  That  in  all  cases  when  i>n*y  of  conn 
appropriations  of  sucli  money  shall  have  been  nuide,  or 


1S02.  26 

shall  be  made  hereafter,  it  shall  be  the  duty  of  the  court 
to  keep  a  full  and  complete  account  of  record  of  the 
sums  so  raised,  and  the  amount  appropriated,  with  the 
names  of  persons  to  whom  such  relief  lias  been  distri- 
buted, when  made,  for  Avhat  purpose,  and  record  the 
evidence  of  such  payment. 

Sec,  3.  Be  it  further  enacted,  That  all  claims  now  out- 
standing against  any  of  the  counties  of  this  State  be 
receivable  by  the  tax  collectors  of  the  respective  coun- 
ties in  payment  of  taxes  due  said  counties. 

Approved  November  7,  1862. 


Receivable  for 
couniy  taxes. 


Eo.  12.]  AN  ACT 

To  provide  for  the  support  of  the  Indigent  Families  ol 
Soldiers  in  the  Ami}'  of  the  Confederate  States,  from 
the  State  of  Alabama. 

Sicc.  1.     Be  it  enacted  by  the  Senate  avd  Home  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 

\^l^S\n^Tlo\- convened,  That  the  sum  of  two  million  dollars  be  and 

'^"-  the  same  is  hereby  appropriated  for  the  support  of  the 

indigent  families  of  soldiers,  who  have  heretofore  en- 
tered, or  may  hereafter  enter  the  military  service  of 
the  Confederate  States  from  the  State  of  Alabama,  to 

H.,w  apporiion- i^g  apportioned  b}^  the  comptroller  of  public  accounts 
to  the  several  counties  of  the  State,  according  to  the 
ascertained  number  of  indigent  families  in  each  coun- 
ty, which  shall  be  distributed  under  the  directions  of 

II. .w distributed,  the  court  of  county  commissioners  in  such  manner  as 
to  them  shall  seem  most  equitable  and  best  promote 
the  objects  of  this  act,  by  the  purchase  and  distribution 
of  supplies  or  provisions  as  far  as  practicable,  or  pay- 
ment of  money  in  whole  or  in  part,  when  impracticable 

Proviso.  to   furnish   provisions:    Provided,    That   five  hundred 

thousand  dollars  of  the  aforesaid  sum  be  held   in  re- 

?g"y'/°'"'"' '"'■''■  serve  by  the  comptroller,  and  not  paid  out  unless  one 
million  and  five  hundred  thousand  dollars  is  found  to 
be  insufficient,  but  in  the  event  the  said  sum  of  one 
million  and  five  hundred  thousand  dollars  proves  to  be 
insufficient,  then  the  comptroller  is  hereby  authorized 

Families  of  sub-  and  rcquircd  to  pay  out  the  remaining  sum  of  five  hun- 

eflclarTcr'  '^""  di'cd  thousaud  dollars :  Provided,  That  no  flimily  of  any 


27  1862. 

substitute  in  the  armj^  sliall  bo  entitled  to  any  of  the 

benefits  of  this  act :     ProvulecL  howccer.  Tliat  tlie  fami- P'''>Ti'"^  as    to 

lies  ot  deserters  irom   sucli  military  service  are  not  to  serters. 

be  entitled  to  anj'  of  the  benetits  of  this  act  whilst  such 

deserters  are  known  to  said  court  to  be  out  of  service: 

Provided  further.  That  if  any  soldier  who  has  hereto- y^o  besuie  soi- 

r.  .      ^    -,  ■,  (.,    '  ,  ,,  .,.,  titer's    family   is 

ro re  entered,  or  may  hereafter  enter,  the  military  ser-entiueu. 
vice  of  the  Confederate  States  from  the  State  of  Ala- 
bama, has  no  family  of  his  own  his  next  of  kin,  if 
a  father  and  mother,  and  brothers  and  sisters,  or  either 
father,  mother,  brother  or  sister,  or  an}'  of  these,  and 
dependent  to  any  extent  for  support  upon  his  earnings, 
labor  or  service,  shall  be  deemed  and  taken,  for  all  the 
purposes  of  this  act,  to  be  his  family,  and  shall,  if  in- 
digent, be  entitled  as  such  family  to  the  benefits  of  this 
act,  like  other  indigent  families  of  soldiers. 

Sec.  2.  Beit  farther  enacted^  That  it  shall  be  the  dii-one  ounhube 
t}' of  the  comptroller,  immediately  after  the  passage '""*'"* *"""■ 
of  this  act,  to  draw  his  warrant  upon  the  treasurer  of 
the  State  for   five    hundred    thousand   dollars   of  the 
amount  herein  appropriated,  and  to  pay  over  the  same 
to  the  judges  of  probate  of  the  several  counties,  in 
proportion  to  the  claims  of  each  county,  predicated 
upon  the  information  which  may  then  be  in  his  posses- 
sion ;  to  draw  and  pay  over  five  hundred  thousand  dol-    One-fourth  nn 
lars  on  the  first  day  of  January  next,  or  as  soon  there- next."'  ''*'"""'^ 
after  as   practicable,   and    to  draw  and   pay  over  five 
hundred  thousand  dollars  in  the  month  of  May  next, 
but  in  the  second  and  third  distributions  regard  shall 
be  had  in  the  apportionment  to  the  information,  which 
may  then  be  in  possession  of  the  comptroller,  as  to  the 
number  of  indigent  families  in    each   county,  and  the 
payment  to  each   county  shall   be  in   such   amount  as 
shall  equalize  the  distribution  of  the   whole   amount 
distributed  up  to  that  time,  contemplated  in  the  first 
section  of  this  act};  the  fourth  and  final  distributi(-n  of    Final  dimrihu- 
this  appropriation  shall   be  made  in  the  month  of  An-"'""  uiAug.i»t. 
gust  next:     Provided,  The   comptroller  shall   be  satis- 
fied the  wants  of  said  indigent  families  ro<pure  it. 
.   Sec.  3.  Be  it  further  enacted,  That  as  soon  as  a  cop}' 
of  this  act  shall  be  received  by  each  probate  judge  in 
this  State,  it  shall  be  his  duty  to  order  a  special  session  of^c^min'Mlln" 
of  the  commissioners'  court  of  liis  county,  and  at  nuch  »•••■  c«un. 
session  some  efficient  plan  sliall  be  adopted  to  ascertain 
the  number  |of  families  of  soldiers  in  their  counties, 


18n2.  28 

who  noGcl  assistance  from  the  State,  in  which  shall  be 
included  the  indigent  families  of  all  soldiers  who  may 
have,  up  to  that  time,  entered  the  military  service  of 
tlie  Confederate  States,  except  those  excluded  in  the 
iirst  section,  and  as  soon  as  such  information  can  be 
obtained,  the  probate  judge  shall  communicate  it  to 
the  comptroller;  the  same  shall  be  done  in  the  month 
of  Januaiy  next,  and  also  in  the  early  part  of  April 
and  July  next. 

Sj;c.  4.  Be  it  further  enacted.  That  the  proceedings 
of  each  court  of  county  commissioners,  under  this  act, 
Further  duties,  shall  bc  duly  rccordcd  by  the  judge  of  probate,  and  it 
shall  be  his  duty  to  open  an  account  with  each  indigent 
family  to  debit  the  same  with  the  amount  paid  for  each 
article  furnished,  specifying  the  article,  and  also  with 
such  amount  as  may  be  paid  over  in  money  from  time 
to  time;  such  books  shall  be  open  to  the  inspection  of 
any  person  interested  in  the  provisions  of  this  act. 

Sec.  5.  Be  it  fuiihcr  ermcted,  That  if  in  the  opinion 
PiobaVe  Judge!  ^^  ^^^®  court  of  couuty  Commissioners  the  bond  of  any 
judge  of  probate  is  insuflicient  to  secure  fidelity  in  the 
discharge  ot  his  duties  as  herein  imposed,  such  fact 
shall  be  reported  to  the  governor,  whose  duty  it  shall 
be  to  require  a  new  or  additional  bond,  with  additional 
securiiy,  so  as  to  secure  the  disbursement  of  this  fund 
without  loss  to  the  State,  or  injury  to  the  indigent. 

Sec.  6.  Be  it  farther  enacted.  That  for  the  purpose  of 

more  cftectually  guarding  against  the  practice ,C)f  fraud 

Mombersofcom- and  partiality,  it  is  herebv  made  the  duty  of  the  iudu:e 

iiiissioners'court      r.       ^    ,  t     ^  "         /•  •.."'",, 

to  lake  an  onth.  oi  probatc,  and  the  court  or  county  commissioners  oi 
each  county,  at  the  first  term  held  under  this' act,  to 
take  an  oath  to  faithiully  and  impartially  discharge  the 
duties  herein  imposed,  to  use  due  diligence  to  ascertain 
the  actual  condition  of  those  who  report  themselves, 
or  may  be  reported  by  others,  as  indigent  and  in  need 
of  aid  from  the  State,  and  to  distribute  or  expend  any 
mono}'  placed  under  their  control  by  the  provisions  of 
this  act  with  due  regard  to  economy,  and  to  the  ascer- 
tained wants  of  each  family. 

Sec.  7.  Be  it  further  enacted,  That  the  courts  of  coun- 

surpiusin  eoun- ty  commissioncrs  of  this  State  are  hereby  empowered 

ty  treasury  may  /  ,  ,  .  i       '      xv  •       ^  i 

be  ai)piie(i.  to  apply  any  surplus  monies,  now  or  hereafter  in  the 
county  treasuries,  to  the  support  of  indigent  families 
of  soldiers,  if  in  their  opinion  the  legitimate  wants  of 
such  families  demand  it. 


29  1862. 

Sec.  8.  Be  li  farther  enacted,  That  as  a  compensation  0'>"iH'i^ationof 

...  A  ,  r        \  IT-  1  •  •  I'ralJiJte  Judge. 

to  tlic  jiKlges  or  probate,  tor  the  additional  services  ini- 
posL^<l  l)y  this  act,  they  shall  be  entitled  to  one-halt'  of 
one  per  cent,  upon  the  amount  disbursed  by  them. 
Su;c.  9.  Be  it  f  ariher  enacted.  That  an  act  entitled  "An  _ 

»  .,'        [,        IP         .1  .<,,.,.  „        ...        Former  Act  re- 

Act  to  provide  a  tund  tor  the  aid   ot  indigent  families  peaRd  m pan. 

of  volunteers  absent  in  the  army,"  approved  November 

11,  18G1,  be  and  the  same  is  hcreb}'  repealed,  except  so 

far  as  may  be  necessary  to  enforce  the  collection  or 

disbursement  of  the  tax  levied  in  that  act  for  the  year 

1862. 

Si:c.  10.  Be  it  farther  enacted,  That  immediately  af- ^^i  („  ^e  print- 
ter  the  riassacre  of  this  act,  three  hundred  copies  of  the  i-i  ""'•  uo>v  dis- 
same  be  printed,  and  tive  copies  sent  by  mail  to  each 
probate  judge  of  this  State  by  the  comptroller. 

Sec.  11.  Be  it  further  enacted,  That   if  any  judge  of 
probate,  commissioner  or  ai?ent   employed  in  carrvincr 

*  ,  t«/  Jo  t'cnallv  for  mis- 

out  the  provisions  of  this  act,  shall  apply  any  of  the  appuciiiiOT. 
funds,  or  articles,  whicli  may  come  into  liis  hands,  to 
his  own  use,  shall  be  deemed  guilty  of  embezzlement, 
and  be  liable  to  indictment  therefor,  and  on  conviction 
shall  be  [»unished  as  if  he  had  feloniously  stolen  such 
funda,  or  articles. 

Sec.  12.  Be  d  farther  ena/dcd,  That  the  provisions  of   Provision,  es- 
this  act  shall  apply  to  the  families  of  volunteers  called,  tr"npe. 
or  who  may  ho  called  out  by  the  governor  for  State  de- 
fense, while   they   are    actually   in  the  service  of  the 
State. 

Approved,  >\)V.  12,  1862. 


No.  18.]  AX  ACT 

In  relation  to  the  allowance  of  extra  compensation  to 
the  Judges  of  Probate  in  the  several  counties  of  the 
State  of  Alabama. 

Sec.  1.  Be  d  enacted  b'l  the  Senate  and  House  of  Bepre^  KxiTa.  compco- 
md">n'i9  of  the  State  of  Alabama  in  General  A8send>l>iZ^'^^^*'^  "' 
conrnicd,  That  it  shall  be  lawful  for  the  courts  of  coun- 
ty commissioners  of  tiie  several  counties  to  decree  to 
the  judges  of  probate  of  their  respective  counties  such 
extra  compensation  as  a  majority  of  the  commissioners 
of  said  rertpectivc  courts  may  determine  to  be  just  and 


1862.  30 

proper,  for  services  whicli  may  be  hereafter  renrleredby 
sucli  Judges  of  probate  under  laws  passed  for  the  bene-^ 
fit  of  families  of  indigent  soldiers;  Prodded^  however, 
that  said  compensation  must  be  paid  out  of  the  treas- 
ury of  said  counties  respectively  to  the  respective 
judges. 

Approved  December  2,  1862. 


No.  14.]  AX  ACT 

To  authorize  the  Governor  to  borrow  money  on  the 
credit  of  the  State,  to  replenish  the  Treasury  until 
further  provisions  is  made  by  law. 

A-Jthority  to         Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Hepre- 
\^"w^'^tf^' '^^^^^^^'^^  o/   the  Slate  of  Alabama  in    General  Assembly 
'  convened,  That  the  Governor  be  and   he  is  hereby  au- 
thorized to  borrow  on  the  credit  of  the  State,  at  a  rate 
of  interest  not  to  exceed  eight  per  cent,  per  annum, 
such  amount  of  money  as  may  be  necessary  to  provide 
for  the  demands  upon  the  treasury  to  meet  the  appro- 
priations made  by  the  general  assembly  ;  Provided,  that 
no  money  shall    be   borrowed  under  the  provisions  of 
this  act  for  a  longer  period  of  time  than  six  months. 
Approved  November  24,  1862, 


•       ■  No.  15.]  AN  ACT 

To  authorize  the  issue  and  sale  of  State  Bonds. 

Autho  ■  -i  S^^*  •'■•  ^*  ''^  enacted  by  the  Senate  and  House  of  Repre- 

hotiii  G  per  cent,  saitativcs  oftJie  State  of  Alabama  in  General  Assembly 
convened,  That  the  Governor  of  the  State  of  Alabama 
!»•  j»wd  be  is  hereby  authorized  to  issue  the  bonds  of 
the  State. for  such  amount  as  may  be  necessary  to  meet 
any  deficiency  in  the  Treasury,  bearing  interest  at  a 
rate  not  to  exceed  six  per  cent,  per  annum,  with  cou- 


81  18G2. 

pons  attached,  and  payable  at  the  expiration  of  twenty 
years  after  tlie  date  of  such  bonds;  renewable  at  the 
pleasure  of  the  State." 

•  Sec.  2.  Be  it  farther  enaetcd^  That  said  bonds  may  besir.c  of  bonds. 
issued  in  such  sums,  not  less  than  one  hundred  dollars 
nor  more  than  five  thousand  dollars  each,  as  the  Gov- 
ernor shall  deem  proper.     They  shall  be  signed  by  the 
Governor  and  countersigned  by  the  comptroller  of  pub-  h^w  signed  an<i 
lie  accounts,  and   the}-   shall  have  the  great  seal  of  the""""  "*" 
State  afHxed  thereto.     The  coupons  for  interest  shall 
be  signed  and  numbered  by  a  person  or  persons  to  be 
appointed  hv  the  Governor,  and   shall  be  receivable  in  coupons  recesr 

1.      i-      n  11*       1  1     xi-  •        •        1        1111       ttlJle    for    public 

payment  or  all  public  dues,  and  the  principal    shall  be  .luee. 

payable  at  the  office  of  the  Treasurer  of  the  State,  or 

at  such  other  place  Avithin  the   State  as  the  Governor  Pj^y^^'^^n*' '"^^'■'' 

may  by  proclamation  appoint  for  that  purpose.     Said 

bonds  may  be  transferred  by  delivery,  and  the  faith  and 

credit  of  the  State  of  Alabama  are  hereby  pledged  for 

the  payment  of  interest  on  said  bonds  as  the  same  shall 

accrue,  and  for  the  payment  of  the  principal  when  the 

same  shall  become  due  under  the  provisions  of  this  act. 

Sec.  3.  Be  it  farther  enacted^  That  the  Governor  may 
from  time  to  time  place  said  bonds  in  market,  and  sell 
at  not  less  than  their  par  value  such  an  amount  as  shall 
be  required  for  the  public  service,  and  to  meet  the  ap- 
propriations which  have  been  or  may  be  made  by  the 
general  assembl}*.  To  this  end  he  may  advertise  for, 
and  receive  bids  for  such  bonds,  and  employ  such  agent 
or  agencies  as  may  be  necessary  for  the  purpose  ;  but 
no  bid  shall  be  considered  which  is  not  equivalent  to 
the  par  value  of  the  bonds  bid  for. 

Sec.  4.  Be  it  farther  enacted,,  That  the  bonds  issued  nn;.!..  f.r  free 
under  the  authority  of  this  act  may  be  used  as  a  pledge  ^''^^'"''i- 
to  secure  the  redemption  of  any  note  or  notes  issued 
by  any  free  banking  institution  now  organi/.ed,  or  here- 
after to  be  organized  and  put  in  operation  under  the 
laws  of  this  State,  to  the  same  extent  and  in  the  same 
manner  that  bonds  heretofore  issued  by  this  State  are 
authorized  to  be  used  ;  and  neither  the  bonds  issued 
under  the  authority  of  this  act,  nor  the  moneys  invest- 
ed in  them,  shall  be  liable  to  taxation  by  this  State,  nor 
by  any  county,  city  or  town  therein. 

Sec.  0.  Be  it  farther  enacted,  That  the  comptroller  of  »'^tj'^^"^  c^mr- 
public  accounts  ehall  number,  register  and  keep  a  cor- 


1862. 


32 


Governor  may 
ifsue  treasury 
notes  Tor  deft-- 
cicncy. 


Charncfcr   of 
tbem. 


Fundable. 


Receivable  for 
l»ublic  dues. 


How  B'gncd,  i&c. 


Penalty  for  forg 
Ing. 


rect  account  of  all  the  bonds  issued  and  disposed  of  un- 
der this  act. 

Sec.  6.  Be  it  further  enacted,  That  fov  any  portion  of 
the  deficiency  in  the  Treasury  which  may  exist  at  any 
•time,  the  Governor  be  and  he  is  hereby  authorized,  in 
lieu  of  bonds  Avhich  may  be  issued  and  sold  as  provided 
in  the  first  section  of  this  act,  to  issue  treasury  notes, 
redeemable  at  the  option  of  the  State,  either  in  treas- 
ury notes  of  the  Confederate  States  or  in  coupon  bonds 
of  the  State,  bearing  a  rate  of  interest  not  to  exceed 
five  per  cent,  per  annum,  payable  at  the  end  of  twenty 
years  from  their  date  and  renewable  at  the  pleasure  of 
the  State.  All  treasury  notes  or  coupons  of  bonds  is- 
sued under  the  provisions  of  this  act  shall  be  received 
in  payment  of  all  taxes  and  public  dues  of  every  de- 
scription, and  for  all  corporate  and  county  tfvxes  levied 
or  assessed  after  the  passage  of  this  act.  Whenever 
the  public  officers  receiving  such  treasury  notes  forjiub- 
lic  dues  shall  pay  them  out  again,  it  shall  not  be  deeni" 
ed  or  held  that  the  State  is  thereby  released  from  its 
obligations  to  pay  the  same  to  any  holder  thereof. 

Sec.  7.  Be  it  further  enacted,  That  the  Treasury  notes 
herein  authorized  to  be  issued  shall  be  signed  by  the 
treasurer  and  countersigned  by  the  comptroller ;  and 
before  any  of  them  shall  be  paid  out,  it  shall  be  the 
duty  of  the  comptroller  to  provide  and  carefully  pre- 
serve a  book,  wherein  shall  be  registered  every  note  is- 
sued under  the  authority  of  this  act,  and  in  such  regis- 
tration shall  be  embraced  the  number,  date  and  denom- 
ination of  each  note  issued  and  paid  out ;  and  when 
signed,  numbered  and  registered,  they  shall,  before  be- 
ing put  into  circulation,  be  delivered  to  the  treasurer 
of  the  State  and  charged  on  the  books  of  his  office  as 
so  much  cash  to  be  accounted  for. 

Sec.  8,  Be  it  farther  enacted,  That  if  any  person  or 
persons  shall  forge  or  falsely  alter  any  note,  bond  or 
coupon  issued  by  virtue  of  this  act,  or  shall  utter  or  at- 
tempt to  pass  any  forged  or  altered  note,  bond  or  cou- 
pon, purporting  to  be  issued  in  pursuance  of  this  act, 
knowing  such  note,  bond  or  coupon  to  have  been  forged 
or  altered,  such  person  or  persons  shall  be  guilty  of  for- 
gery in  the  first  degree,  and  shall  suffer  the  pains  and 
penalties  now  affixed  by  law  for  forgery  in  the  first  de- 
gree. 

Skc.  9.  Be  it  further  enacted^  That  the  Governor  is  au- 


33  1862. 

thorized  to  pay  the  person  or  persons  employed  by  liim  p^^  ^^^  siitniDg 
to  sign  and  number  coupons,  and  to  number  date  and  coupons, 
fill  up  the  same,  such  compensation'  as  he  may  deem 
just,  either  by  the  day  or  by  the  thousand  numbers  and 
signatures. 

Approved  December  9,  1862. 


Ko.  16.]  AN  ACT 

To  authorize  the  issuance  of  Treasury  Note  Change 
Bills  by  the  State  of  Alabama. 


HHjL 


Sec.  1.  2)6  it  enacted  bij  the  Senate  and  House  of  Repre- 
sentatives of  the  Statt  of  Alabama  in  General  Assembly  Authority  or  the 
convened,  That  the  governor  of  this  state  be,  and  he  is  k'^^"'"'^'"- 
hereby  authorised  to  have  either  lithographed  or  en- 
graved, with   his  signature  thereto  attached,  two  mil- 
lions dollars  of  treasury  notes  of  the  State  of  Alabama,  ^"'""'"^  ''•^"'=* 
of  the  denomination  of  one  dollar  and  the  fractional  „       ,    .. 
parts  of  a  dollar,  for  the  purpose  of  change  circulation, 
the  notes  of  the  denomination  of  one  dollar  shall  be 
countersigned  by  the  comptroller,  or  by  some  person 
for  him,  to  be  appointed  by  the  governor;  and  the  said 
treasury  notes  shall  be,  in  substance,  of  the  following 
form : 

•'  The  State  of  Alabama  will  pay  to  tlie  bearer 

cents,  (or  one  dollar,  as  the  denomination  requires,)  re-i'onnorthcnote 
deemable  in  Confederate  States  treasury  notes,  when 
presented  at  the  state  treasury'',  in  sums  of  twenty  dol- 
lars, or  upwards.'* 

Sec.  2.  Be  it  further  enacted,  That  whenever,  and  as  oovcmcr  toac- 
fast  as  said  notes  shall  be  prepared  and  received  by  the  J'r^^^Ccr.*"  '^"™''" 
governor,  he  shall  be  authorised  to  deliver  them  to  the 
comptroller  of  this  state,  and  take  his  receipt  for  the 
same. 

Sec.  3.  Be  it  further  enacted.  That  the  said  comntrol-Fvl^^.i''^","  '"" 

,  1111  ••.  11.  .'^  IhoriEoil    la  cm- 

Icr  shall  be  required  to  procure  a  book  of  registration,  i-ioy  ■"'^''»n"'- 
and    he  is  hereby  authori?:eil  to  employ  assistants,  to 
whom  a  reasonable  compensation  for  sujIi  services  shall 
be  paid  by  the  state,  not  to  exceed  five  dollars  per  day, 
and  for  which  the  comptroller  may  draw  his  warrant  on 
the  treasurer;  and  said  comptroller  shall  cause  his  as- nuuc*  of  «i««iti- 
siatants  to  number,  register  and  prepare  said  treasury  ""'* 
8 


1862.  34 

notes  for  circulation,  and  when  said  notes  shall  be  nnin- 
hered,  registered  and  prepared,  the  said  comptroller 
shall,  from  time  to  time,  as  fast  as  prepared,  deliver 
them  to  the  treasurer  of  the  state,  as  currency  for  cir- 
culation, and  take  his  receipt  for  the  same. 

Sec.  4.  Be  it  further  enacted,  That  said  treasury  notes 
marpaf-o'uTs'i^ch  shall,  aud  may  be,  paid  out  and  nsed  by  said  treasurer 
biii^ic.  j^g  currenc}'',  in  liquidation  of  claims  for  appropriations, 

or  debts  owing  by  the  state,  or  he  may  exchange  them 
or  any  part  of  them  for  current  bank  notes,  or  the  notes 
of  the  Confederate  States  of  America, 
r.o-.iv  yw-  for        ^^^-  ^'  ^^  ^^  further  enacted,  That  said  treasury  notes 
im  lici'ies.       shall  be  receivable  by  all  tax  collectors  in  payment  of 
taxes,  and  all  other  dues  to  the  state. 
Approved  K"ovember  8, 1862. 


No.  17.]  AI^  ACT 

To  amend  An  act  to  authorize  the  Issuance  of  Treas- 
ury Note  Chan2:e  Bills  by  the  State  of  Alabama. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  JRep- 

resentatives  of  the  State  of  Alabama  in  General  Assembly 

convened,  That  the  governor  of  the  State  be,  and  he  is 

Governor  may    hereby  authorized  to  employ  as  many  persons  as  he 

employ  persons  may  cleeni  necessary,   to  countersism,   in  the  name  of 

to  countersign.  J  i     11  ^'  1 

the  comptroller,  the  one  dollar  treasury  notes  author- 
ized to  be  issued  and  countersigned  by  an  Act  to  au- 
thorize the  issuance  of  treasury  note  change  bills  by 
the  State  of  Alabama,  approved  the  8th  day  of  Novem- 
ber, 1862. 

Skc.  2.  Be  it  further  enacted,  That  the  comptroller  of 
employ.*''''''"'^  the  State  be,  and  he  is  hereby  authorized  to  employ  as 
many  assistants  as  may  be  necessary  to  speedily  num- 
ber and  prepare  said  change  notes  for  circulation,  and 
Manner  of  p»y-  to  pay  for  Said  assistants  in  the  manner  prescribed  by 
'""^"^-  said  act,  either  by  the  day  or  by  the  thousand  notes,  as 

he  may  find  to  be  most  economical. 

Sec.  3.  Be  it  further  enacted.  That  if  any  person,  or  per- 
ingorcirwutrng  SOUS,  shall  Counterfeit,  forge,  or  falsely  alter  any  note  is- 
forged notes,      g^ed  by  virtue  of  the  act  to  which  this  is  an  amend- 
ment, or  shall  counterfeit,  alter,  or  attempt  to  pass  any 
counterfeit,  forged,  or  altered  note  issued  in  pursuance 


35  1862. 

of  tliG  act  aforesaid,  knowing  such  note  to  be  counter- 
foit,  forged,  or  altered,  such  person,  or  persons,  on  con- 
viction thereof  in  the  proper  circuit  court,  shall  sutt'er 
the  pains  and  penalties  now  affixed  hy  law  for  forgery 
in  the  first  degree. 

Sec.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty  Duty  of  treafur 
of  the  treasurer  to  pay  out  said  change  bills  in  paying"- 
to  the  several  counties  of  the  State  the  sum  appropria- 
ted to  thera  for  the  support  of  indigent  families  of  sol- 
diers, whenever  he  finds  it  practicable  so  to  do ;  and  to 
make  sueh  other  distribution  of  said  change  bills  as 
will  g've  to  them  the  most  general  circulation  through- 
out the  State. 

Sec.  5.  Be  it  further  enacted,  That  the  act  mentioned  ^""^^'^"=»''«''- 
in  the  first  section  of  this  act  be,  and  is  hereby  amend- 
ed so  as  to  authorize  the  governor  to  cause  to  be  issued 
any  amount  of  the  treasury  note  change  bills  of  the 
denominations  referred  to  in  said  act,  necessar}'  for 
change  circulation,  not  exceeding  in  the  aggregate 
three  and  one-half  millions  of  dollars. 

Approved,  Dec.  4,  1862. 


No.  18.]  AN  ACT 

To  amend  An  act  to  authorize  the  Issuance  of  Treas- 
ury Note  Change  Bills  by  the  State  of  Alabama. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  one  hundred  thousand  dol- 
lars be,  and  the  same  is  hereby  appropriated  out  of  the  of'one'hund?^ 
State  treasury  to  defray  all  expenses  which  may  be  in- ;'">";»"<^  <'°'- 
currea  by  the  governor  in  the  execution  of  the  "Act«". 
to  authorize  the  issuance  of  treasury  note  change  bills 
by  the  State  of  Alabama,"  approved  on   the  8th  No- 
vember, 1862,  which  sum,  or  so  much  thereof  as  may 
be  necessary,   shall  be  drawn  by  the  warrant  of  the 
comptroller  on  the  treasurer,  which  warrant  shall  be 
countersigned  by  the  governor. 

Approved,  Dec.  4,  1862. 


1862.  36 

No.  19.]  AN  ACT 

To  place  at  the  disposal  of  the  Governor  an  additional 
sum  to  carry  into  eftect  the  Act  to  authorize  the  Is- 
suance of  Treasury  Note  Change  BilU  by  the  State 
of  Alabama. 

Section  1.  JBe  it  macied  by  the  Senate  and  House  of  Hep- 
reseniaiives  of  the  State  of  Alabama  in  General  Assembly 
conveved,  That  in  addition  to  the  sum  of  one  hundred 
Additional  fifty  thousaud  dollars  heretofore  appropriated  or  placed  at 
ippropri!>fe"i!'''^^the  disposal  ol  the  governor,  for  the  purpose  of  carry- 
ing into  eflect  the  Act  to  authorize  the  issuance  of  treas- 
ury note  change  bills  by  the  State  of  Alabama,  the  sum 
of  fifty  thousand  dollars  be,  and  is  hereby  placed  at 
the  disposal  of  the  governor  for  the  same  purpose,  to 
be  drawn  from  the  State  treasury  upon  his  order,  in 
such  sums  and  at  such  timesasheahall  think  necessary. 
Approved,  Dec.  9,  1862. 


> 

No.  20.]  AN  ACT 

To  authorize  the  Governor  to  do  certain  things  therein 

named. 

Skc.  1.  JBe  it  enacted  hy  the  Senate  and  House  of  Repre- 
scjitatives   of  the  State  of  Alabama  in   General  Assembly 
conve?}ed,  Ihat  if  at  any  time,  in  the  opinion  of  the  go- 
Authority  to  re- vcmor,  tlic  Safety  of  the  capital  of  the  State  shall  be 
cordVmone.vsr i"  danger  from  thepublic  enemy,  he  be,  and  is  hereby 
**=•  authorized  to   cause  the   public  records,   books,   and 

pnpers,  and  property  of  all  kinds  in  the  offices  of  the 
several  departments  of  this  State,  together  with  all  the 
currenc}",  and  gold  and   silver  in  the  treasury  of  the 
fuch  pilc'eV"re.  State,  rcmovcd  to  a  place  of  safety,  and  all  lawful  act8 
movai.  of  the  officers  of  either  of  said   departments,  done  at 

such  place,  shall  be  as  valid  to  all  intents  and  purposes 
as  if  the  same  had  been  performed  at  Montgomery, 
and  neither  the  said  ofHcers,  or  any  of  their  sureties, 
shall  be  released  by  such  removal  from  any  official  lia- 
bility. 
Expenses  rrovi-  Sec.  2.  Bc  it  further  enacted^  That  the  governor  be, 
^^^  ^"'''  and  he  is  hereby  authorized  to  draw  bis  warrant  on  the 


37  1862. 

treasurer  for  whatever  amount  of  money  may  be  ne- 
cessary in   carrying  into  eft'ect  the  provisions  of  this 

Approved,  Pec.  2,  1862. 


No.  21.]  AN  ACT 

To  provide  for  the  appointment  of  Commissioners  to 
examine  the  offices  and  accounts  of  certain  public 
officers. 

Sec.  1.  He  it  enacted  by  the  Senate   and  House  fj/" -^^7>  Governor  to  ap- 
resentatives  of  the  State  of  Alabama  in    General  Assembly  v<^}'^}^^^ree:  com- 
C07ivened,  That  the  governor  is  hereby  authorized  and '"''^'°°*'"' 
required  to  appoint  three  commissioners,  whose  duty 
it  shall  be  to  examine  the  books,  accounts,  and  vouch- 
ers of  the  State  treasurer,  comptroller,  superintendent 
of  education,  quartermaster,  and  militar}' auditor,  once 
in  every  year,  or  oftener  if  the  governor  shall  deem  it 
necessary,  and  to  report  the  result  of  their  investiga- 
tion to  the  governor  in  writing  and  under  oath. 

Sec.  2.  Be  it  further  enacted,  That  the  governor  shall  compensation, 
allow  said  commissioners  reasonable  compensation  for 
their  services,   which  shall   be  paid  out  of  the  State 
treasury  on  the  warrant  of  the  comptroller,  to  be  issued 
upon  tlie  order  of  the  governor. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  communicate  to 
of  the  governor  to  communicate  to  the  general  a ssem-^^"^""*' "'*"'**'' 
bly,  the  first  week  of  its  regular  sessions,  the  reports 
of  said  commissioners. 

Approved,  Dec.  8,  1862. 


No.  22.]  AN  ACT 

To  provide  for  the  Public  Safety. 

Sec.  1.  Be  U  enacted  by  t/te  Smote  and  IToicse  of  Rqy- 
resentati^'fs  of  the  SUite  (f  Alahama  in   General  AsHunhly 
convened,  That,  to    provide  for  the  public   safety    by 
quelling  insurrection,  preventing  or  repelling  invasion, ' 
the  governor  is  invested  witli  full  power  and  authority  r 


1862.  38 

to  impress  the  labor  of  all  mule  slaves  between  the 
ages  of  eighteen  and  fifty  years,  or  so  many  thereof  as 
he  inaj^  deem  necessary,  with  the  use  of  tools  and  im- 
plements, wagons,  teams,  and  harness,  which  may  be 
necessary  to  render  the  labor  of  the  slaves  so  impressed 
effective,  with  subsistence  for  the  same;  also  timber, 
cut  and  growing,  and  lumber,  as  well  as  arms  and  am- 
unition.  and  ordnance  stores,  and  subsistence,  for  State 
troops  actuall}-  in  service;  also  steamboats  and  other 
water  craft,  but  unless  in  the  opinion  of  the  governor 
the  necessity  is  pressing,  or  the  danger  imminent,  no 
slave  shall  be  impressed  from  any  slavehohlor,  compa- 
ny, partnership,  corporation,  or  joint  owner,  owning, 
,    .  ,.        ,  or  having;  iu  possession  less  than  ten  slaves,  and  no 

Limitation  as  to  o  i  .        '         .    . 

impressment,  slavc  owjicr,  compau}',  partnership,  corporation,  or  joint 
owner,  whose  slaves  are  subject  to  impressment  under 
this  act,  in  any  one  year  from  its  passage,  shall  be  re- 
quired to  furnish  a  greater  amount  of  slave  labor  than 
in  the  aggregate  is  equivalent  to  sixty  days'  labor  for 
each  slave  so  subject,  unless  in  the  opinion  of  the  go- 
f^  vernor  a  longer  service  is  necessaiy,  and  in  estimating 

^''  the  amount  of  such  labor,  credit  shall  be  given  for  the 

labor  of  any  slaves,  previously   furnished,  und^r  the 
order  or  requisition   of  the  governor  which  may  be 
proved  by  affidavits, 
ownerswhomay      Sec.  2.  Be  it  fuHJier  eiiucted,  That  in  all  cases  of  im- 
aeiect  overseer,  pressmcnt  of  slavcs  uudcr  the  preceding  section,  the 
owners  of  every   thirty  slaves  impressed  may  select  a 
white  man  to  attend  on  such  slaves  to  perform  such 
duties  connected  with  their  labor  police,  securitj',  com- 
fort and  health,  as  the  governor  may  direct,  who  shall 
receive  two  dollars  for  each  day's  service. 
Governor's  pow-      Sec.  3.  And  bc  U  further  enacted,  That  the  authority 
cUTbyMe'^mii- <^o life r red  upon   the  governor  under  this  act,  may  be 
itary  pDwer.      cxcrcised  and  cnforced  by  the  military  power  of  the 
State,  under  his  orders,  or  by  special  agents  appointed 
by  him,  and  acting  under  his  direction;  that  any  per- 
son in  charge  or  possession    of  slaves,    or  any  other 
property  subject  to  impressment  under  this  act,  who 
shall  resist  any  officer  or  agent  of  the  State  impressing 
such  slaves,  or  other  property,  or  who  shall  fail  or  re- 
fuse to  deliver  the  same  on  demand  to  such  officer,  or 
agent,   or  who  shall  remove  or  conceal  the  same  with 
intent  to  avoid  impressment,   shall  be  guilty  of  a  mis- 
demeanor, and  on   conviction  shall  be  fined  not  less 


39  1862. 

than  three  hundred  dollars,  and  imprisoned  in  the  J'^^j^i^''' ^°''  '"''- 
common  jail  not  less  than  three  months ;  and  it  is 
•hereby  made  the  duty  of  the  oiliccr  or  agent  to  return 
such  person  to  the  clerk  of  the  next  circuit  court  of  the 
county  in  which  the  offense  is  committed  by  the  first 
day  of  the  same,  whose  duty  it  shall  be  to  report  the 
same  for  prosecution  to  the  solicitor  before  the  adjourn- 
ment-of  the  grand  jury. 

Sec.  4.  And  be  it  fiu  ther  .enacted,  That  the  governor  compenFiuion  to 

iii-.ii»,''.  •.  '^  ,'  be  assessed. 

shall,  in  the  lirst  instance,  assess  a  just  compensation 
for  the  labor  of  any  slaves,  the  use  of  implements, 
tools,  teams,  wagons  or  harness,  steamboats  or  other 
water  craft,  and  for  an}-  other  property  impressed  un- 
der this  act,  which,  if  satisfactory,  shall  be  paid  by 
warrant  on  the  State  treasurer,  as  provided  for  under 
clause  3  section  3,  of  an  act,  entitled  "an  act  making 
appropriations  for  the  military  defense  of  the  State,"  Proceedings  a* 
approved  February  G,  1861,  but  if  not  satisfoctory  the '" '•^'•"'*'"'"'- 
owner  shall,  within  sixty  days  therefrom,  file  his  dissent 
iu  the  office  of  the  clerk  of  the  circuit  court  of  the 
county  of  his  residence,  and  such  court  shall  judicially 
ascertain  a  just  compensation  for  the  labor  of  tlie  slaves, 
the  use  of  the  tools,  implements,  wagons,  teams,  har- 
ness, steamboats  or  other  water  craft,  and  the  value  of 
any. other  description  of  property  impressed  from  the 
person  so  dissenting,  and  if  said  compensation  exceeds 
the  amount  assessed  by  the  governor,  judgment  shall 
be  rendered  in  favor  of  the  owner  or  his  personal  rep- 
resentatives against  the  State,  which  shall  be  paid  as  oth- 
er judgments  against  the  State ;  but  if  the  compensation 
so  ascertained  shall  not  exceed  the  amount  assessed  by 
the  governor,  judgment  shall  be  rendered  in  favor  of 
the  State  against  the  owner  or  his  personal  represen- 
tatives for  all  the  costs  of  the  proceedings  ;  and  it  shall 
be  the  duty  of  the  solicitor  to  act  as  counsel  for  the 
State,  who  shall,  in  case  judgment  is  rendered  in  its 
favor,  be  entitled  to  receive  from  the  owner,  or  his 
representatives  the  sum  of  ten  dollars,  which  shall  be 
taxed  in  the  bill  of  costs,  but  nothing  contained  in  this 
section  shall  ett'ect  the  rights  of  the  owner  or  his  rep- 
resentavcs  to  obtain  the  compensation  assessed  by  the 
governor,  in  case  that  upon  his  dissent  judgment  shall 
be  rendered  in  favor  of  the  State. 

Sec.  5.  And  be  it  farther  enacted,  That  from  the  de-8uitin»,«j,poai 
cision  of  the  circuit  court  the  State  shall  have  the  right 


1862.  40 

to  appeal,  as  provided  for  in  section  3017  of  the  code, 
and  the  owner,  or  his  representatives,  as  in, other  civil 
cases. 
One  million  <ioi.  Sec.  6.  Aiul  bc  it  further  ejiacted,  That  the  sura  of  one 
larsappropriuted  niillion  dollars  is  appropriated  to  carry  out  the  provis- 
ions of  this  act. 

Approved,  Oct.  31,  1S62. 


1^0.  28.]  AN  ACT 

To  amend  An  act  to  provide  for  the  Public  Safety. 

Sec.  1 .  JJe  it  enacted  by  the  Senate  and  House  of  Hep- 

resentatives  of  the  State  of  Alabama  in   General  Assembly 

convened^  That  if  any  person   fail  or  refuse  to  comply 

with  the  order  of  any  agent,  authorized  by  the  govern- 

Duty  of  Bhtriff.  or  to  iuipress  hands,  mules,  or  other  property  described 

ir«-^Msau^?c"u?.  i"  said  act,  to  which  this  is  an  amendment,  it  shall  be 

ply  with  order  of  ^Ijq  doty  of  the  shcrifF  of  the  county  of  such  person 

thegovernoi.  J  .  •        i     •  •  i.  -  i 

laihng  or  reiusmg,  on  being  required  in  writing  by 
such  agent,  to  summon  an  armed  jsosse  t'o/?w7«//-<s,  of  not 
less  than  twent}'  men,  from  the  male  residents  of  said 
county,  and  proceed  to  the  plantation  or  residence  of 
such  person  and  seize  and  take  possession  of  double 
the  number  or  quantity  of  property  so  impressed  and 
deliver  the  same  to  the  said  agent,  at  such  place  as 
said  agent  may  designate,  not  out  of  the  county  afore- 
said. . 

Sec.  2.  Be  it  further  enacted.  That  for  the  use  of  the 

No  compensation  --1,1  r-  •^•  1        r 

forsuchproperty  property  so  seized,  the  owner  so  tailing  and  reiusing 
shall  receive  no  compensation. 

Sec.  3.  Be  it  further  enacted,  That  if  any  sheriff  fails 

Penalty  S3  to  or  rcfuscs  to  comply  with  the  provisions  of  the  first 
section  hereof,  he  shall  be  liable  to  indictment,  and  on 
conviction  shall  be  fined  not  less  than  five  hundred 
dollars  and  imprisoned  not  less  than  six  months,  at  the 
discretion  of  the  jury  trying  the  offense. 

Sec.  4.  Be  it  further  enacted,  That   if  any   person, 

roT"uramoued6umKiO"^tl  ^'3'  ^^"^^  sheriff  to  act  as  a  member  of  said 

who  refuse  or  fail  jpQ^^g  comitutus,  shall  fail  or  refuse  so  to  do,  unless  pre- 

to  act.  r  ii'i  1  -x  A  xii 

vented  b}'  sickness  or  some  other  cause,  deemed  a  suin- 
cient  excuse  by  the.  judge  trying  the  cause,  such  person 
shall  be  liable  to  indictment,  and  on  con^netion  be  fined 


41  1862. 

not  less  than  five  hundred  dollars  and  imprisoned  not 
less  than  six  months,  at  the  discretion  of  the  jury  try- 
ing the  oftense. 

Approved,  Nov.  17,  1862. 


Officer  or  agent 


No.  24.]  AN  ACT 

Supplementary  to  An   act  to  provide  for  the  Public 

Safety. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembbj 
convened,  Tliat  the  officer  or  agent  who  shall  take,  im- to'^h'e  receipt." 
press,  or  receive  any  slaves  or  other  property  under  the 
provisions  of  said  act,  shall  give  the  owner  or  person  in 
possession  of  such  property,  a  receipt  therefor,  describ- 
ing the  property  so  taken,  impressed  or  received,  and 
specifying  the  time  when  and  the  pl^ce  where  the  same 
was  so  taken,  impressed  or  received. 

Sec.  2.  Be  it  farther  enacted,  That  all  property  taken  Property  to  be 
or  impressed  under  the  provisions  of  said  act,  and  not 
consumed,  destroyed  or  rendered  valueless  in  its  use, 
shiill  be  returned,  to  the  owner  or  person  from  whose  *%' 

possession  it  was  taken,  at  the  expense  of  the  State,  as 
soon  as  practicable  after  the  necessity  for  its  use  for  the 
public  defense  shall  cease. 

Sec.  3.  Beit  farther  enacted,  That  the  governor  shall  Governor  to  give 
cause  public  notice  to  be  given  of  the  names  of  all  of- ""*''"  °'^''^^"'*- 
ficers  and  agents  authorized  by  him  to  take  or  impress 
property  under  the  provisions  of  said  act. 

Sec.  4.  Be  ilfarilicr  enacted,  That  in  impressing  arms  what  arms  an.i 
and  ammunition  under  the  provisions  of  said  act,  at  l^^pi""'"""  "'"'^ 
least  one  efficient  rifle  or  shot  gun,  one  pound  of  pow- 
der, and  five  pounds  of  shot,  bullets  or  lead,  if  owned 
by  the  person  whose  arms  and  ammunition  shall  be 
sought  to  be  impressed,  shall  be  left  for  his  or  her  de- 
fense, and  shall  not  be  impressed  or  taken  without  the 
consent  of  such  person  ;  nor  shall  any  ammunition  col- 
lected by  corporations  or  associations  of  citizens  for  lo- 
cal defense  be  taken  or  impressed. 

Sec.  5.  Be  it  further  enacted.  That  any  agent  or  offi-  Penalty  for  cx- 
cer  of  the  State  authorized  by  the  governor  to  impress  ^^"'""8  '■'''^'"^• 
or  take  property  under  the  prov    '        f  said  act,  who 


1862.  42 

shall  wilfully  exceed  his  authority  as  limited  by  the 
provisions  of  this  act,  shall  be  liable  to  iiidictnient 
therefor,  and  on  convirtion  thereof  shall  be  fined  and 
imprisoned  at  the  discretion  of  the  jury  trying  the  of- 
fense. 
Approved  ISTovember  26, 1862. 


No.  25.]  AN  ACT 

To  regulate  impressments. 

Sec.  1.  Beit  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 

Regulating  seiz-  it  shall  bc  uulawful  for  any  officer  or  agent  of  this  state 
to  seize  any  wagon,  negro,  teams  of  mules  or  horses, 
at  any  other  place  than  the  residence  or  plantation  of 
the  owner.  , 

^    ,^ .      .        Sec.  2.  Be  it  further  enacted.  That  any  officer  or  agent, 

Penalty  for  vio-  .  i        i.i        •  L        ,.      c  ^\  ^  • 

lation.  acting  under  the  impressment  act  of  the  present  session 

of  the  general  assembly,  violating  the  provisions  of  this 
act,  shall  be  subject  to  a  fine  of  not  less  than  five  hun- 
dred dollars,  to  be  recovered  by  the  owner  of  such  wa- 
gon, mules  or  horses,  or  negro,  before  any  court  having 
competent  jurisdiction. 

Approved  December  9,  1862. 


No.  26.]  AN  ACT 

For  the  defense  of  the  northern  part  of  the  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
One  million  doi- <?o?2yewcc?.  That  the  eiini  of  one  million  dollars,  or  so 
tei  "PP'^P"**'  much  thereof  as  the  governor  may  deem  necessary'',  be 
and  the  same  is  hereby  appropriated  to  the  defense  of 
the  counties  in  the  State  on  the  Tennessee  river,  and 
those  adjacent  thereto,  to  be  expended  under  the  direc- 
tion of  the  governor,  out  of  any  moneys  not  otherwise 
appropriated. 

Approved,  November  18,  1862. 


43  18fi2. 

No.  27.]  AN  ACT 

To  prohibit  the  distillation  of  Grain  in  the  State  of  Ala- 
bama, except  under  the  direction  and  authority  of  the 
Governor. 

Sec.  1.  Be  it  enacted  by  the  ISenate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  for  the  purpose  of  suppressitii;  the  evils  [^,"'»^'*""'  '"<^'«- 
resulting  from  the  distillation  of  grain  as  it  hath  here- 
tofore been  carried  on,  of  securing  the  proper  police  of 
the  country,  and  of  promoting  the  common  defense  and 
general  welfare,  it  shall  not  be  lawful  for  any  person, 
during  the  existing  war,  to  distil,  or  convert  into  spirit- 
uous or  intoxicating  liquor,  any  grain,  or  the  product 
of  any  grain,  unless  hereafter  employed  or  authorized 
by  the  governor  so  to  do. 

Sec.  2.    Be  it  further  enacted,  That  it  is  hereby  made  Governor  to  pre- 
the  duty  of  the  governor,  on  behalf  of  this  state,  under  uom!'  ''^^"'*' 
such  rules  and  I'egulations  as  he  may  prescribe,  to  cause 
such  an  amount  of  grain  to  be  distilled,  or  converted 
into  alcohol  or  spirituous  liquors,  as  in  his  judgment  is 
consistent  with  the  common  defense  and  general  wel-Authoritj  of oe- 
■fare ;  and  he  is  hereby  invested  with  power,  on  behalf '"''■"°'"- 
of  this  state,  to  make  contracts,  to  appoint  agents,  with 
such  powers  as  he  may  deem  necessary  to  carry  out  the 
object  and  provisions  of  this  act,  and  to  do  and  perform 
anyotli^r  act  or  thing  which  he  may  consider  necessary 
to  enable  him  to  cause  such  distillation  or  conversion 
to  be  made,  and  to  cause  the  alcohol  or  spirituous  li- 
quors, which  may  bo  made  under  the  provisions  of  this  how  to  he  dig- 
act,  to  be  disposed  of  in  such  manner  and  for  such  pur- ?""«'' op- 
poses as  he  deems  best  calculated  to  effectuate  the  ob- 
ject of  this  act ;  and  if,  from  such  disposition,  anv  nett 
profits  shall  result  to  this  state,  such  profits  slmll  be  ^p'/JiPi""' -•  •^'''' 
applied  by  future  legislation  to  the  relief  of  the  indi- 
gent families  of  soldiers  in  the  service  of  the  Confed- 
erate States  from  this  state. 

Sec.  3.  Be  it  further  enacted,  That  this  act  shall  go  «-hcn  to  go  into 
into  effect  at  the  expiration  of  ten  days  from  its  appro-  ^'^'^c'- 
yal  by  the  governor;  and  if,  after  this  act  thus  goes 
intoefiect,  aii}^  person  shall  distil,  or  convert  into  spiritu- 
ous or  intoxicating  liquor  of  any  kind,  any  grain,  or  the 
product  of  any  grain,  in  contravention  of  the  provisions 
of  this  act,  such  person  shall  be  guilty  of  a  misdemea- 


1862. 


44 


l> 


Penalty  for  vio-  noF,  and,  Oil  iiidictment  therefoi'  and  conviction  thereof, 
lation.  j^^^^^  l^g  fined  in  any  sum  the  jury  trying  the  case  may 

assess,  not  less  than  five  hundred  doHurs  nor  more  than 
trt'enty  thousand  dollars. 

Sec.  4.  Be  it  further  enacted^  That  the  sum  of  thirty 
,^,^J',y''VhoImn'a  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, be  and  is  hereby  appropriated,  to  enable  the  gov- 
ernor to  carry  out  the  object  of  this  act,  to  be  paid  on 
his  warrant,  out  of  any  money  in  the  treasury  not  oth- 
erwise appropriated. 

Sec.  5.  Be  it  farther  enacted^  That  if  any  agent  of  the 
governor,  or  any  person  by  hiin  authorised  to  distil, 
shall  sell,  or  give  away,  or  dispose  of  any  quantity  of 
spirits  so  distilled,  except  in  strict  accordance  with  the 
instructions  of  the  governor,  the  person  so  offending 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  con- 
viction, be  punished  by  fine  of  not  less  than  one  hun- 
dred dollars,  and  imprisoumerit  not  less  than  three 
months. 
Approved  Becember  8,  1862. 


dollars. 


Penalty  as  to 
state  agents. 


Xo.  28.] 


AN"  ACT 


To  regulate  the  sale  and  exportation  of  Corn. 

Section  1.  Be  it  enacted  by  the  Senate  and  Houserof  liej)- 
reseniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  time  this  act  becomes 
License  to  be  Ob- of  force,  uo  pcrsou,  cxccpt  the  produccr  and  millers, 
shall  sell  corn,  without  first  obtaining  a  license  Irom 
the  judge  of  probate  of  the  county  in  which  the  corn 
is  to  be  sold,  which  license  shall  authorize  the  person 
or  partnership  to  whom  the  same  is  granted  to  sell  corn 
in  such  county,  and  no  other,  for  one  year  from  the  date 
of  such  license,  and  at  a  profit  of  not  more  than  twenty 
per  cent,  on  the  price  paid  to  the  producer,  and  charges, 
exclusive  of  the  license  fees  and  taxes  on  the  same ;  but 
Applicants  to  HO  liccnsc  shall  bo  granted,  unless  the  applicant  first 
make  affidavit  jnuke  aiid  subscribc  an  affidavit,  in  writing,  before  said 
judge,  that  he  will  not  sell  any  corn  within  one  year 
from  the  date  of  the  license,  should  this  act  remain  in 
force  for  that  period,  at  a  greater  rate  of  profit  than 
twenty  per  cent,  on  the  price  paid  to  the  producer,  and 


Limitation    of 
profit. 


45  1862, 

charges,  exclusive  of  the  fees  and  taxes  on  the  license, 
and  will  sell  only  in  the  county  in  which  said  license 
shall  be  granted,  which  affidavit  shall  be  tiled  in  the 
office  of  the  jndge  of  probate  granting  the  same. 

Sec.  2.  Be  it  further  enacted,  That  no  miller  shall  sell  ..mi    .     u.  i„ 

,  '111-  MiUcr  TO  obtain 

any  corn,  except  the  corn  received   by  bim  as  toll  for  licence  in  wtain 
grinding,  unless  he  be  the  producer  of  the  same,  with-*^"^"" 
out  first  obtaining  a  license  under  the  preceding  sec- 
tion ;  nor  shall  he  sell  any  toll  at  a  higher  rate  than  the 
usual  market  price  in  the  city,  town  or  neighborhood 
in  which  the  mill  is  located. 

Sec.  8.  Be  it  further  enacted,  That  the  judge  of  pro- Duties  of  prob«ic 
bate  in  each  county  shall,  on  the  first  Monday  in  each^"''^^' 
month,  after  this  act  becomes  of  force,  and  so  long  as 
the  same  continues  in  force,  give  notice  of  every  per- 
son to  whom  licenses,  under  the  first  section  of  this  act, 
have  been  granted;  which  notice  shall  be  affixed  to  the 
court  house  door,  and  shall  also  keep  a  true  record  of 
the  licenses  so  granted,  with  the  date  thereof,  which 
shall  be  subject  to  the  inspection  of  all  persons  free 
of  charge,  and  a  certified  copy  of  the  same  shall  be  de- 
livered by  said  judge  to  the  foreman  of  the  grand  jury 
at  each  session  of  the  circuit  court  held  in  the  county, 
and  on  the  same  day  on  which  said  grand  jury  is  organ- 
ized. 

Sec,  4.    Be  it  further  enacted,  That  any  person  who  Penalty  for  vio- 
has  a  license  under  this  act,  and  shall  sell  corn  out  of '"*'''"  <•' "«"^^- 
the  county  in  which  such   license  is  granted,  or  who 
shall  sell  at  a  greater  profit  than  twenty  per  cent,  on 
the  price  paid  to  the  producer,  and  charges,  exclusive 
of  .the  license  fees  and  taxes  on  the  same,  shall,  on  con- 
viction, be  subject  to  the  same  punishment  and  penal- 
ties as  if  he  had  committed  wilful  perjury;  any  person, 
except  the  producer,  and  millers  selling  toll  corn,  who 
shall,  after  this  act  becomes  of  torce,  sell  any  corn  with- 
out first  obtaining  a  license,  as  required  bv  the  first  „^,,    ,,.,, 
section,  snail  be  guilty  ol  a  misdemeanor,  and,  on  con-jng  without  h- 
viction,  shall  be  fined  not  k;s3  than   five   hundred   dol- '^*^''"' 
lars,  and  imprisonment  in  the  common  jail  not  less  than 
six  months.  , 

Se^.  .5.  Be  it  further  enacted,  That  any  probate  judge  t.inbiiity  of  pro- 
who  i^liall  fail  to  comply  with  the  provisions  of  the  third  ''"**  J'"'''' 
section  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  sliall  be  fined  at  the  discretion  of 
Ibo  jury  trying  the  oftensc. 


1862.  46 

Penalty  for  ex-      ^^^"  ^"  "^^  U  fuHher  ciiacied,  That  from  and  after  the 
portation  of  corn  time  whcii  this  act  becomes  of  force,  it  shall  not  be 
wi^thput  P""'*  ja^vful  for  an}'  person  to  export  corn  without  the  limits 
of  the  state,  except  by  the  permission  of  the  commis- 
sioners' court  of  the  county  from  which  the  corn  is  to 
be  exported  ;  and  any  person  so  exporting  corn,  or  any 
person  aiding  or  assisting  in  such  exportation,  without 
such  permission,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  be  fined  not  less  than  five  hundred  dol- 
lars, and  imprisoned  in  the  common  jail  not  less  than  six 
months ;  but  this  section  does  not  apply  to  the  exporta- 
tion of  an}'  corn  owned  by  the  Confederate  government, 
or  by  any  of  the  Confederate  states, 
circuit  judges  to     Sec.  7.    Bc  it  further  enacted,  That  the  circuit  judges 
give  this; act  in  throughout  the  state  are  required  to  give  this  act  spe- 
cially  in   charge  to  the  grand  jury,  and  it  is  made  the 
duty  of  each  grand  jury  to  inquire  rigidly  into  any  vio- 
lation of  the  same,  although  no  prosecutor  appear;  and 
if,  on  such  inquiry,  there  is  probable  ground  to  believe 
that  any  violation  of  this  act  has  been  committed,  such 
dicr*^"'"' grand  jury  shall  have  no  discretion,  but  are  bound  to 

indict  the  ofiender. 
To  be  published      Sec.  8.  Be  U  further  enacted,  That  it  shall  be  tbe  duty 
in  all  the  papers  Qf  ^\^q  governor  to  cause  this  act  to  be  forthwith  pub- 

of  the  state.  O  ,  i     •        i      ti     i 

lished  in  every  newspaper  in  the  state,  and   it  shall   be 

of  force  from  and  after  the  expiration  of  thirty  days 

from  the  date  of  its  approval  by  the  governor,  and  shall 

How  long  to  bc^'*^*^^^^"  ^"  force  until  the  expiration  of  twelve  months 

In  force.  after  a  treaty  of  peace   between  the  Confederate  States 

and  the  United  States. 

Approved  December  8,  1862. 


No.  29.]       .  AIS  ACT 

To  prevent  the  introduction  and  spread  of  small  pox 
in  the  State  of  Alabama. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 

resentatives  of  the  State  of  Alabama  in  General  Assembly 

Slate  agent  to  be  conyewcr/,  That  it  shall  be  the  duty  of  the  Governor  to 

appointed.        appoint  an  agent  for  this  State,  whose  duty  it  shall  be 

to   procure  and   keep  in  a   state  of    preservation  au 


47  1862. 

amount  of  vaccine  virus  sufficient  for  theuseof  the  in- 
habitants of  the  State  of  Ahibania. 

^Seo.  2.  Be  it  further  enacted,  It  shall  be  the  duty  ofojiies  of  agent 
the  said  agent  thus  appointed  to  appoint  one  agent  for 
each  county  in  this  State,  and  to  furnish  said  county 
agents  with  an  amount  of  vaccine  virus  sufficient  for 
the  use  of  their  respective  counties;  it  shall  also  be  the 
duty  of  the  said  agent  for  the  State  to  issue  a  circular  let- 
ter to  the  county  agents,  setting  forth  the  value  and  ef- 
ficiency of  vaccination  as  a  preventative  of  small  pox, 
as  taught  by  history  and  experience,  and  urge  the  vast 
importance  of  prompt  and  energetic  action  on  the  part 
of  the  said  county  agents,  with  directions  for  the  pres- 
ervation and  proper  use  of  the  vaccine  virus. 

Sec.  3.  Be  it  further  enacted^  It  shall  be  the  duty  of  DuticBofconnty 
the  several  county  agents  to  appoint  a  sub-agent  for  "**"'*' 
each  election  precinct  in  their  respective  counties,  and 
furnish  said  precinct  agents  with  vaccine  virus,  and 
with  the  circular  letter  of  the  agent  for  the  State,  upon 
the  reception  of  which  it  shall  be  the  duty  of  the  said 
precinct  agents  to  give  notice  in  their  respective  pre- 
cincts of  their  readiness  to  vaccinate  all  persons  apply- 
ing, or  to  furnish  all  discreet  persons  who  may  desire 
to  vaccinate  others,  with  vaccine  virus,  and  to  urge  up- 
on all  persons  the  great  importance  and  necessity  of 
availing  themselves  of  the  means  thus  afforded  them 
for  the  prevention  of  this  loathsome  disease. 

Sec.  4.  Be  it.  farther  enacted,  That  the  Governor  is  one  tiiousand 
hereby  authorized  to  draw  his  warrant  on  the  Treasurer  ^ri"!"."'*'"^*'' 
for  one  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary  to  pay  the  State  agent  a  reasonable  com- 
pensation for  his  services,  and  the  expense  he  neces- 
sarily incurs  in  the  performance  of  the  dulies  imposed 
on  him  by  this  act. 

Approved  November  27, 1862. 


No.  30.]  AN  ACT 

To  aid  the  Confederate  government  in  providing  shoes 
for  the  Alabama  soldiers  in  the  Confederate  army, 
and  to  impress  the  materials  suitable  for  such  shoes. 

Sec  1.     Be  it  enacted  by  the  Senate  and  House  of  Bcp- 


18u2.  48 

A  i>o  riation  of  I'^sentatites  of  the  State  of  Alabama  in  General  Assembly 
vi'ohMadre'\  and  convened,  That  in  view  of  the  magnitude  of  the  present 
■ioilars!""*''"  vViir,  and  under  the  apprehension  that  the  Confederate 
government,  without  the  aid  of  this  State,  cannot  sup- 
ply the  troops  from  this  State  in  the  Confederate  army 
with  shoes  in  due  time,  the  sura  of  two  hundred  and 
fifty  thousand  dollars  be,  and  the  same  is  hereby  ap- 
propriated, to  enable  the  governor  to  have  fifty  thou- 
sand pairs  of  shoes  manufactured  or  purchased^  orsuch 
portion  thereof  as  he  may  ascertain  the  wants  of  the 
soldiers  from  Alabama  require. 

Sec.  2.  Be  it  farther  enacted,  That  to  facilitate  the 
Govcrnortodom.  accomplishment  of  the  obiect  of  this  act,  the  governor 

raunicate  with        ,      ,,     ^  -  •   i        i         i^       ,•    i 

the coofcderate  shall  conimunicate  With  the  Confederate  government 
ovemment.      ^^^^|  ^,-|jp(-,j.,^-^  |.|jq  proper  authority  thereof  of  the  motives 
which  prompt  the  legislative  provisions  for  the  partial 
supply  of  shoes  for  soldiers  from  Alabama,  it  being  in* 
tended  only  as  aid  to    the    Confederate  government. 
To  that  end  the  governor  is  hereby  anthorized  to  con- 
tract with  the  Confederate  government  to   accept  all 
the  slioes  which  he  may  furnish  at  such  price  as  may 
be  agreed  on  by  him  and  the  Confederate  government. 
A«..,^.'r  ♦„  '^      Sec.  3.  Be  it  further  enacted,  That   in  order  that  the 
pfesg.  governor  may  obtain  the   quantity  of  shoes  menrioned 

in  the  first  section  of  this  act  without  being  subjected 
to  delay  or  extortion^  he  is  hereb}'  authorized  and  em- 
powered to  take  and  impress  for  the  public  use,  in  such 
manner  as  he  shall  think  proper,  any  shoes  suitable  for 
soldiers,  and  any  leather,  and  any  other  materials  suit" 
able  for  making  such  shoes,  in  the  possession  of  any 
person  in  this  State— making  just  compensation  there- 
for  out  of  the  money  in  the  first  section  of  this  act  ap- 
propriated. 
Kcsiriction  ns  to  ^EC.  4.  Be  U  further  cnactcd,  That  in  all  imprei^-sments 
impreusment.  Under  thp  provisious  of  this  act,  due  regard  shall  be  had 
to  the  wants  and  necessities  of  the  locality  in  which 
any  such  impressments  is  made,  and  the  extent  ^o,  and 
the  price  at  which  the  party  impressed  has  contributed 
to  suppl}'  these  wants  and  relieve  these  necessities,  as 
well  as  to  the  amount  of  shoes  and  leather  furnished 
the  State  or  Confederate  government,  and  the  prices  at 
which  the  same  has  been  furnished. 
Approved  iJTovember  19, 1862. 


'T<'''J^^- 


49  1862. 

JTo.  81.]  AN  ACT 

To  provide  spiuuing  or  cotton  and  wool  cards. 

Section.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep-  g.^^y  thousand 
rcsentaticcs  of  the  State  of  Alabama  in   General  yl,?sem6^y  dollars  appropri- 
convenrd,  That   the  sum  of  sixty  thousand    dollars  is "  "^  " 
herein'  appropriated  out  of   the  Treasury  of  the  State 
for  the  immediate  purchase  of  spinning  cards  in  what- 
ever mirket  they  can  be   found  beyond  the    limits  of 
this  State. 

Sbc.  2.  Be  it  farther  enacted^  That  his  excellency  the 

_  '11  J     1.  •     1.  •ill     Governor    ma^ 

governor  is  hereby  empower- d  to  appoint  a  suitable  appoint  an  agent 
agent,  whose  duty  and  business  it  shall  be  in  the  speed- 
iest and  most  eftectual  manner  to  select  and  purchase 
in  foreign  markets  said  spinning  cards,  and  to  provide 
for  their  transportation  and  delivery  at  the  office  of  the 
Secretary  of  State. 

Skc.  3.  Be  it  farther  enacted,  That  when   said  spia-Pocrct.iry    of 
iiing  cards  have  been  delivered  as  aforesaid,  it  shall  be  f',;'^*^)^^'*,^!!^^;^ 
the  duty  of  the  Secretary   of   State  to  apportion  the  "^•^™- 
same  in    proportion    to    white  population   among  the 
different   counties,    and    to   forward  the  same  to   the 
judges  of  probate  thereof,  setting  only  such  price  upon 
each  pair   as  shall  remunerate  the  State  for  the  original 
outlay,  and  such  incidental  expenses  as  may  have  arisen 
from  insurance,  transportation  or  otherwise. 

Skc.  4.  Be  it  further  enacted.  That  said  agent  shall  be„  ,      , 

11  J         .       ,    '      ,  ,  ,     '  •         n       1  •        •    1      Compenaatton  of 

allowed  a  just  and  reasonable  compensation  for  his  risk,  agent, 
trouble,  time  and  his  expenses,  as  liis  excellency  may  al- 
low to  be  paid  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Skc.  5.  Be  it  farther  enacted.  That  his  excellency  the  p„^„  or  oot 
governor  is  hereby  clothed  with  all  other  powers  neces-"""'^- 
sary  to  carry  this  act  into  full  and  immediate  effect. 

Approved  November  8,  1862. 


No.  32.]  AX  ACT 

Supplementary  to  an  act  entitled  an  act  to  provide  Spin- 
ning, or  Cotton  and  Wool  Cards. 

Skc.  1.  Be  H  enacted  by  (he  Senate  and  House  of  Jiepre- 
4 


18i2.  50 

sentaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act  entitled  an  act  to  provide  spin- 
ning, or  cotton  and  wool  cards,  shall  he  so  construed  as 
to  authorize  the  governor  to  endeavor  to  procure  the 
cards,  h}'  purchasing  sterling  exchange  and  remitting 
it  to  ports  beyond  the  Confederate  States,  for  the  pur- 
chase of  the  cards,  and  to  take  the  risk  for  the  state  of 
running  them  through  the  blockade. 
Approved  November  25, 1862. 


No.  33.]  .  AN  ACT 

To   require  all  persons  to  do  business  in  their  own 

names. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  JRevre- 

edperBoa  not.  to  scntati DCS  of  tkc  State  of  Alabama  in   Generod  Assembly 

convened,  That  hereafter  no  person  or  persons  shall  use, 

in  the  transaction  of  business,  the  name  or  names  of 

any  former  partner  or  partners,  nor  shall  they  use  the 

iirm  name  or  style  of  a  deceased  partner  or  partners,  or 

of  any  former  partner. 

Penalty  for  vio-     Sec.  2.  Be  it  further  enacted,  That  an3q:ierson  violating 

lation.  ^Y^Q  provisions  of  the  preceding  section,  is  guilty  of  a 

misdemeanor,  and,  on  conviction,  shall   be  lined  in  a 

sum  not  less  than  fifty  dollars,  at  the  discretion  of  the 

jury  trj'ing  the  same. 

Sec.  3.    Be  it  farther  enacted,  That  this  act  shall  not 
take  effect  until  six  months  after  its  passage. 
Approved  November  26, 1862. 


No.  34.]  AN  ACT 

To  prevent  the  circulation  of  Change  Bills. 

Sec.  1.  Be  it  enacted  by  the  Sencde  and  House  of  Bepre- 
shinpTas^teM.^"  scntativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  any  person,  private  corporation,  or  asso- 
ciation, who,  without  authority  of  law,  makes,  emits^ 
1.  accepts,  or  agrees  to  accept,  by  stamping  or  otherwise,  or 

signs,  or  countersigns,  by  printing,  writing  or  otherwise, 


51  1862. 

any  ptiper,  or  instrument  commonly  caHed  a  ghinplas- 
ter,  to  answer  the  purposes  of  money,  or  for  general 
circulation,  such  person,  and  each  individual  member 
of  such  corporation  or  association,  on  conviction,  must 
be  fine  1,  for  each  offense,  not  less  than  twenty,  norpenaty. 
more  than  five  hundred  dollars,  and  may  be  imprisoned  ■ 
not  less  than  three,  nor  more  than  twelve  months,  and 
the  signatures,  whether  written  or  printed,  shall  be 
taken  as  genuine,  unless  the  defendant  denies  the  same 
under  oath. 

Sec.  2.  Be  it  further  enacted,,  That  in  indictments,  un-^i^^^  suiBcieM 
dor  the  preceding  section,  it  is  sufficient  to  charge  that  in  indictment*. 
the  defendant  emitted,  passed  off,  paid  out,  or  circula- 
ted, without  authority  of  law,  any  paper,  or  instrument 
called  a  shinplaster,  to  answer  the  purposes  of  money, 
or  for  general  circulation,  without  further  description 
of  such  paper  or  shinplaster;  and  proof  that  atiy  per- 
son, private  corporation,  or  association,  and  the  indi- 
vidual members  thereof,  emitted,  passed  off,  paid  out, 
or  circulated  any  such  paper,  or  instrument  called  a 
shinplaster,  of  any  kind  or  description  whatever,  whe- 
ther purporting  to  be  made  in  or  out  of  this  state,  shall 
be  deemed  7^n'/?ia  facie  evidence  upon  which  the  grand  Qmnd jury  wiih- 
jury  shall,  without  any  discretion  on  their  part,  find  a°"    "scrcioo. 
true  bill. 

Sue.  3.  Be  it  further  enacted.  That  it  shall  be  the  duty  «  .  ,  .  ^ 
or  the  presiding  judge  to  give  thisacfspecially  in  charge  and  soiicitort. 
to  the  grand  jury,  and  it  shall  be  the  duty  of  the  soli- 
citors to  summon  witnesses  before  the  grand  jur}',  to 
testify  to  any  violation  of  this  act,  and  such  witness 
may  be  required  to  answer  as  to  any  offense  against  this 
law  within  their  knowledge,  without  in  the  first  in- 
stance inquiring  as  to  any  specified  offense  against  this 
act;  and  no  witness  shall  be  indicted  for  any  offense 
against  this  act,  in  relation  to  which  he  testifies  before 
the  grand  jury ;  and  any  witness  who,  after  being  sum- 
moned as  a  witness,  refuses  or  neglects  to  attend  and 
testify,  without  a  good  excuse,  shall  be  guilty  of  a  mis- 
demeanor, and  may  also  be  proceeded  against  for  con- 
tem[tt. 

Sec.  4.  Be  it  farther  enacted,  That  any  person,  private  unuwfui  to  cu- 
corporation,  or  association,  or  any  individual   member '^"'•^*- 
thereof,  who  circulates,  passes  off,  or  pays  out  any  pa- 
paper,  or  in.strument  commonly  called  a  shinplaster, 
issued  without  authority  of  law,  and  to  answer  the  pur- 


f    1862.  52 

poses  of  money,  or  for  general   circulation,  shall   be 
deemed  and  held  the-maker  of  such  paper  or  shinplas- 
ter,  and  any  person  to  ■whom  such  paper  or  shiuplaster 
is  passed  or  paid   may  bring  snit  on  the  same  against 
the  person  passing  the  same,  as  maker  thereof,  and   re- 
judgmcnt   may  covcr  judgment,  upon  his  own  oath,  upon  one  day's  no- 
be  recovered,     ^j^^  before  auyjusticc  of  ths  peace  in  any  county  in 
this  state,  without  regard  to  tlie  county  in  which  said 
Proviso.  paper  was  passed  or  paid  out :  Provided,  that  in  the  case 

of  a  private  corporation  or  association,  having  the  mau~ 
agement  and  control  of  its  business  committed  to  a 
president,  secretary,  treasurer,  board  of  directors,  or 
other  official  agency,  only  such  members  thereof  as  held 
or  assumed  to  hold  such  official  agenc}',  at  the  time  of 
the  commission  of  the  otfense  charged,  shall  be  held 
prima  facit  liable  for  the  acts  of  such  corporation  or 
association,  under  the  provisions  of  this  act. 

Sec.  6.    Be.  it  farther  enacted,    That  the  provisions  of 

Not  in  force  as  to    ,  .  <•        .i  \    l      ^     j.\  •  •  ^    ^■ 

those  who  cireu-  tliis  act,  80  tar  they  relate  to  the  passing,  circulating,  or 
Ife'xt!'"^*^^'*""  payiug  out  of  the  paper  currency  prohibited  thereby, 
by  persons  other  than  the  makers,  acceptors,  or  endors- 
ers thereof,  shall  not  be  of  force  until  the  first  day  of 
Ajtril  next. 

Sec,  6.  Be  it  further  enoctcd,  That  all  persons,  private 
^^'^^'  corporations  and  associations,  having  heretofore  viola- 

ted the  provisions  of  sections  936,  3268,  3269,  3270  and 
3271,  are  hereby  relieved  from  all  the  pains  and  penal- 
Proviao.  ties  imposed  thereby :  Proi7V/tvi,  that  this  section   shall 

not  be  construed  to  deprive  any  person  to  whom  such 
illegal  currency  has  been  passed,  or  paid  out  as  money, 
of  any  civil  remedy  secured  by  existing  law;  and prO' 
vided  further,  that  no  person,  private  corporation  or  as- 
sociation, liable  to  redeem  any  such  illegal  currency, 
and  failing  or  refusing,  on  presentation  and  demand,  to 
redeem  the  same,  shall  be  entitled  to  the  benefits  of 
this  section;  and  provided  further,  that  none  of  the 
provisions  of  this  act  shall  be  of  force  until  after  ten 
days  from  the  date  of  its  approval :  Provided,  that  the 
redemption  of  such  shinplasters  shall  be  made  in  Con- 
federate or  state  treasury  notes,  or  in  the  regular  isBue 
of  any  chartered  bank  of  this  state. 
Fees  for  convict  ^^^'  '^ •  ^^  ^^  furthcr  crtacted,  That  for  each  convic- 
*'°°-  tion  under  this  act,  the  prosecuting  attorney  shall  be 

entitled  to  a  fee  of  fifty  dollars,  to  be  taxed  in  the  bill 
of  costs. 


53  18«2. 

i 

Sec.  8.    Be  it  farther  enacted,  Tliat  this  act  shall  be  Act  to  bo  pub- 
published  once  a  week  for  four  co^isecutive  weeks  in  "*''®''- 
the  Montgomery  Advertiser  and  Mail. 

Approved  December  9,  1862. 


No.  35.]  AI^  ACT 

To  fix  the  time  of  holding  the  general  elections  for 
Judges  of  the  Circuit  Court,  and  Judges  of  Probate 
and  other  inferior  Courts. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Reiwe- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  general  elections  for  judges  of  the 
circuit  courts,  and  judges  of  probate,  and  other  iuferior 
courts  in  their  respective  counties,  shall  be  held  as  often 
as  necessary  on  the  first  Monday  in  May. 

Api)roved  ^November  24,  18(d2. 


No.  30.]  AN  ACT 

To  amend  the  law  in  relation   to  elections  in  certain 

cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  arid  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assemlily 
convened,  Whenever  a  vacancy  shall  occur  in  the  ofHee 
of  the  judge  of  probate,  clerk  of  the  circuit  court,  tax 
collector,  or  tax  assessor,  or  County  treasurer  for  any 
county  in  this  State,  by  reason  of  a  failure  from  any 
cause  in  said  county  to  elect  such  ofHcers,  at  any  gen- 
eral election,  where  the  qualified  voters  of  such  county 
are  authorized  by  hiw  to  elect  such  oflicers,  or  any  ot  ""'i^e"'"';/;; 
theuj,  such  vacancy  must  be  filled  hy  appointment  in  ""*''• 
the  manner  now  prescribed  by  law  in  cases  of  vacancy 
therein  from  other  causes. 

Sec.  2.  Be  it  further  enacted,  If  at  any  general  elec- 
tion for  governor  and  members  of  the  general  a-^sembly 
the  qualified  electors  of  any  county  in  this  State  hhall 
from  a«iy  cause  fail  to  vote  for  governor  and  to  elect 
representatives  to  the  genei'al  a?.seiuhly,  and  the  gover- 


1862.  54 

speciat  election  "°^  pball  Order  a  special  election  for  representatives  for 
to  be  ordered,  tlic  general  asscmbly  from  such  count}'  to  be  held  prior 
to  the  next  re<>:ular  session  of  such  assembly,  the  quali- 
fied electors  of  such  county  who  were  entitled  to  vote 
at  the  time  of  such  general  election  shall  be  authorized 
to  vote  for  governor  at  snch  special  election  for  repre- 
How  conducted,  sen tatives,  and  to  that  end  the  polls  shall  be  opened, 
and  the  election  conducted  and  the  returns  thereof 
made  in  all  respects  according  to  the  law  prescribed  for 
holding  elections  for  governor  and  representatives  at  a 
regular  election. 

Sec.  3,  Be  it  fiirihcr  enacted.  In  all  elections  held  to 

fill  the  oflices  of  senator  to  the  general  assembly,  and 

representatives  in  congress,  whether  general  or  special, 

the  returning  officer  of  each  county  in  which  such  elec- 

Eeinrns  to   be  tlou  shall  bc  held  must  make  a  return  of  such  election 

u?y*of°state°by  ^*^  ^^^  ^^^''^^^'T  ^^  statc  by  mail,   such  return   being 

mail.  sealed  up  and  deposited  in  the  post  office,  with  postage 

prepaid,  within  three  days  after  the  estimate  of  the  vote 

is  made. 

D     ..    f    „„       Sec.  4.  Be  it    further  enacted.  Any   returning   officer 

Penalty  for  vio-  _  ...  ,''         .    ,       i  .    .    . ''  r     ^ 

lauon.  failing  to  compl}'  with  the  requisitions  of  the  preceding 

sections,  numbered  two  and  three,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  must  be  fined  not  less 
than  five  hundred  dollars. 
Aa  to  Slate  Sen-      ^^^*  ^-  Bc  it  farther  cnactcd,  If  any  general  or  special 
ator  or  Congress-  clectJou  for  sciiator  to  the  gcucral  assembly  in  a  district 
composed  of  more  than  one  county,  or  for  a  represen- 
tative in  the  congress  of  the  Confederate  States,  there 
shall  from  any  cause  be  a  failure  in  any  county  in  such 
district  to  vote  for  senator  or  representative  in  congress, 
Special  eiectioa  it  i^hall  bc  thc  duty  of  the  governor  to  order  an  election 
to  be  held  in  said  county  at  such  other  time  as  he  may 
Notice  to  be  puv  appoint,  giviug  at  Icast  twenty  days'  notice  of  the  time 
lished.  Qf  such  election  by  publication  in  such  newspaper  or 

newspapers  published  in  the  state  as  he  may  direct,  for 
senator  or  representative  in  Congress,  or  both,  as  the 
case  may  be. 

Sec.  6.  Be  it  further  enacted^  On  the  fourth  Monday 
of  state  makes  after  any  general  or  special  election  held  for  the  office 
estimate.  ^^  scuator  to  tlic  general  assembly  from  a  district  com- 

posed of  more  than  one  county,  or  for  representative 
to  congress,  it  shall  be  the  duty  of  the  secretary  of 
state,  in  the  presence  of  the  governor,  comptroller  and 
treasurer,  or  any  one  of  them,   and  of  such  other  per- 


55  1862. 

sons  as  may   be  present,  to  make  a  correct  estimate  of 
the  returns  made  under  the  provisions  of  this  act,  as- 
certain wlio  is  elected,  and  notify  the  persons  elected  by  Must  notify. 
publication  in  a  newspaper:  Provided,  however,  that  if  proviso, 
it  shall  appear  that  there  was  a  failure  to  hold  an  elec- 
tion in  any  county  constituting  a  part  of  such  senato- 
rial or  congressional  district,  the  secretary  of  state  may 
postpone  making  the   estimate  of  the  votes  from  such 
district,  to  the  end   that  a  special  election  may  be  or-8reci«i  election 
dered  and  held  in  such  county,  and  the  returns  thereof '''''®  ordered. 
be  made  to  the  secretary  of  state  ;  but  such  postpone- 
ment of  the  estimate  of  the  votes  for  senator  or  repre- 
sentative in  congress  must  not  be  extended  beyond  the  Limit  of  time  as 
Saturday  before  the  session  of  the  general  assembly,  or  °  **'""' ^■ 
the  congress  in  which  the  senator  or  member  of  con- 
gress to  be  elected  would  be  entitled  to  take  his  seat. 

Sec.  7.  Be  it  farther  enacted,  If  it  bo  ascertained  by 
the  secretary  of  state,  in  making  an  estimate  of  theoerta?nM^*'how 
votes  cast  at  any  general  or  special  election  for  repre-fo'^proceed,^**** 
sentative  in  congress,  judge  of  a  judicial  circuit,  or  sen- 
ator to  the  general  assembly,  from  a  district  composed 
of  more  than  oi;e  county,  that  any  two  or  more  persons 
have  received  the  highest  and  an  equal  number  of  votes 
for  either  of  such  offices,  in  that  event  the  election 
must  be  decided  by  lotjn  the  manner  following:  The 
secretary  of  state  must  write  the  names  of  the  persons 
receiving  the  higliest  number  of  votes  on  separate 
pieces  of  paper  of  like  size,  and  roll  or  fold  such  pieces 
of  paper  in  the  same  manner  as  near  as  may  be,  so  that 
the  name  written  therein  is  not  visible,  and  then  de- 
posit the  same  in  a  box,  and  then  after  shaking  the  box 
draw  therefrom  one  of  said  pieces  of  paper,  and  the  per- 
son whose  name  ap[>oars  written  thereon  shall  be  de- 
clared elected.  The  decision  of  such  election  by  lot  in 
the  manner  aforesaid,  must  be  conducted  in  the  pres- 
ence of  the  governor,  comptroller,  treasurer,  attorney 
general,  or  at  least  two  of  them,  and  such  other  persons 
as  may  desire  to  be  present. 

Sec.  8.  Be  it  further  enacted,    It  shall    be  the  duty prc,<.t'7of suic 
of  the  Secretary  of  State   to  issue    certificates  of  cdec- '"'»»"«  ""^^'b- 

..  1  V   I  1  catei. 

tion  on  demand  by  the  proper  person,  to  senators  elect- 
ed to  the  general  assembly  from  districts  composing 
more  than  one  county. 

Sec.  9.  Be  it  further  enacted,  That  if  at  any  general 
election  day  for  judges  there  shall  be  a  failure  from  any 


1862. 


56 


In  case  of  fail-  cause  to  liold  the  election  in  any  one  county  constitu- 
GoVernirVo"ftp- ^^''o  ^  P^''^  <^f  t^i<^  j^^^icial  c'lrcuit  in  which  such  elec- 
''O'"^-  tion  of  jutlge  was  authorized  by  law  to  be  made  at  that 

time,  a  vacanc^^  shall  be  deemed  to  exist  in  the  office  of 
judge  of  such  circuit,  and  it  shall  be  tilled    by  appoint- 
ment by  the  governor  and  the  person  appointed  tliereto 
■*- umfc.: It         ^'y  ^^^"^  shall  hold  until  the  next  regular  election  day  of 
*T«»^        j^idges  and  until  the  election  and  qualification  of  his 
successor. 
Approved  December  8,  1862. 


Ko.  37.] 


AN  ACT 


To  authorize  the  Governor  to  lease  for  a  period  of  not 
exceeding  ten  years,  to  the  Confederate  GM3vernment, 
a  certain  portion  of  the  Saline  lieserves. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Ttepre- 
OrlvlTnoT."^  ^^^  seniatices  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  governor  is  authorized  to  lease  for  a 
period  not  exceeding  ten  years,  to  the  Confederate  gov- 
ernment, for  the  purpose  of  making  salt  by  atmospheric 
evaporation,  for  such  time,  on  such  terms,  and  under 
such  regulations  as  he  may  deem  expedient  and  proper, 
any  part  or  portion  of  the  upper  saline  reserves  belong- 
ing to  the  state,  in  Clarke  county,  not  exceeding  twenty 
acres:  Provided,  that,  in  his  opii.ion,  such  transfer  can 
be  made  without  injuriously  effecting  the  operation  of 
the  statu  or  its  citizens  in  making  salt  on  said  reserves. 

Approved  December  9,  1862. 


Limit  of  acres. 


No.  38.] 


AN  ACT 


To  enable  the  people  of  Alabama  to  procure  necessary 
supplies  of  Salt  at  reasonable  prices,  and  for  other 
purposes. 

Six.  1.    Be  it  enacted  htj  the  Senate  and  House  of  liep'e- 

Ratincation  of   sentatiucs  of  the  S  ate  of  Alabama  in    General  Assembly 

contracts.         convencd,  That  all  contracts  and  agreements  made  since 

the  adjournment  of  the  last  regular  session  of  the  geu- 


m  1862. 

eral  assembly  of  the  State  of  Alabama,  by  the  Governor 
of  said  State,  and  for  and  on  behalf  of  said  State,  for 
the  purchase,  manufacture  and  transportation  of  salt, 
for  the  use  of  the  people  of  said  State,  be  and  the  same 
are  hereby  ratified  and  confirmed. 

Sec.  2.    Be  it  farther  enacted^  That  the  Governor  be 
and  he  is  hereb}'  authorized,  for  and  on  behalf  of  said  rizertoconunue 
State,  to  continue  the  operations  of  manufacturins;  salt  &c'!^'*'^^°'^'^*' 
now  being  carried  on  under  his  direction  upon  the  up- 
per salt  lands  of  this  State,  in  the  county  of  Chirke  ;  and 
to  use  such  means  for  the  development  of  the  saline 
waters  of  the  State,  and  the  speedy  and  efficient  pro- 
duction of  salt  therefrom,  as  iu  his  judgment  the  wants 
of  the  people  and  the  interests  of  the  State  may  re 
quire;  and  to  take  such  other  measures  and  make  such 
other  contracts  as  he  may  deem  expedient  to  secure  a 
timely  supply  of  salt  for  the  people  of  Alabama. 

Sec.  3.  Be  it  farther  enacted,  That  the  Governor  of  Authorized  to 
Alabama  be  and  he  is  hereby  authorized  to  appoint  an  cummissionei! 
agent,  to  be  styled  the  "Salt  Commissioner  of  Alabama," 
to  superintend  the  operations  of  develoiung  the  saline 
waters  of  this  State,  and  the  manufacture  of  salt  pro- 
vided f  )r  in  the  precediui;  section  of  this  act,  and  to  be 
removable  at  the  discretion  of  the  Governor.  Said 
Commissioner  shall  give  bond  in  the  sum  of  fifty  thou- 
sand dollars,  payable  to  the  State  of  Alabama,  and  ap- 
proved by  the  Governor,  conditioned  for  the  faithful  per- 
formance of  liis  duties  as  such  agent  and  commissioner; 
and  shall  be  allowed  for  his  services  reasonable  compen-  compensation  of 

,•  .        \         n         \   \        ^\        m  J.  A.  1   ii       saltCommlssion- 

sation,  to  be  fixed  i>y  tlie  Governor,  not  to  exceed  thetr. 
rate  of  two  thousand  five  hundred  dollars  per  annum; 
and  A.  G.  McGehee,  for  the  services  heretofore  rendered 
b\'  him  as  salt  commissioner,  under  appointment  of  the 
Governor,  shall  be  allowed  the  compensation  provided 
for  in  the  preceding  part  of  this  section. 

Skc.  4.  Beit  farther  nmcted.  That  the  salt  manufac-_  ,.  .  .^  . 
tureu  or  purchased  under  the  provisions  of  this  act  shall  distributed, 
be  distributed  among  and  sold  to  the  inhabitants  of 
this  State,  at  prices  not  to  exceed  the  cost  of  manufac- 
ture or  purchase,  and  sacking,  with  transiiortation  and 
other  incidental  expenses  added,  when  not  sold  at  the 
place  cA'  manufacture  or  purchase.  In  the  distribution 
thereof,  due  regard  shall  be  had  for  the  wants  of  coun- 
ties remote  from  means  of  public  transportation  ;  and 
no  person  shall  be  entitled  to  purchase  said  salt  except 


1862. 


58 


One     hundred 


for  private  use,  nor  in  quantities  cjreater  than  twenty- 
five  pounds  per  head  for  his  family,  or  for  individuals 
or  families  6o)?a  _^(/c  represented  by  him,  until  all  the 
people  of  the  State  are  supplied. 

Sec.  5.    Be  it  farther  enacted,  That  in  order  to  enable 
thousand  doiiars  the  Govemor  to  carry  out  the  provisions  of  this  act,  the 
Bpproprm  e  .     ^^^^^^  ^^  ^^^^  liuudrcd  tliousaud  dollars,  or  so  much  thereof 
as  may  be  necessar}',  be  and  the  same  is  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otheru'iee 
appropriated. 

Sec.  G.  Be  it  farther  enacted^  That  the  Governor 
may  at  any  time  lease  out  the  said  works,  or  any  por- 
tion thereof,  and  any  other  or  any  portion  of  the  State 
salt  works  which  the  State  may  regain  possession  of, 
by  the  recission  of  any  existing  contract  between  said 
State  and  John  P.  Figh,  as  well  as  the  salt  lands  be- 
longing to  said  State,  on  such  terms  as  the  Governor 
may  deem  best  for  the  interests  of  the  State. 
Approved  December  9,  1862. 


Governor  may 
leise  out  the 
WorkB. 


No.  39.] 


AN  ACT 


To  amend  an  Act  supplemental  to  two  several  Acts  in 
relation  to  Salt,  approved  December  7,  1861,  and  the 
several  Acts  to  which  it  is  supplemental,  and  for 
other  purposes. 


Advance  author- 
ized. 


Pnrposea. 


Sec.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  for  the  purpose  of  encouraging  the  pro- 
duction of  salt  by  John  P.  Figh,  lessee  of  certain  salt 
lands  in  Clarke  county,  on  which  the  said  lessee  has  in 
operation  certain  salt  works,  the  governor  is  hereby  au- 
thorized to  advance  to  said  lessee  a  sum  of  money  not 
exceeding  ten  thousand  dollars,  to  be  expended  by  the 
said  lessee  in  the  purchase  of  additional  salt  pans,. ket- 
tles and  boilers,  in  boring  additional  wells  for  supplying 
salt  water  and  for  the  erection  of  additional  furnaces. 
To  secure  fidelity  in  the  use  of  such  advance,  the  go- 
vernor shall  require  the  said  lessee  to  enter  into  bond 
with  good  security  to  faithfully  comply  with  the  pro- 
visions of  this  section. 

Sec.  2.  Be  it  farther  enacted,  That  the  terms  of  the 


69  1862. 

lease  of  the  said  lessee   be,  and  the  same  are  hereby  Terms  of  ie«8e 
changed   in  the  several  respects  hereafter  shown  :  ^jj^ '='"'"e<''*- 
said  lessee  shall  relinquish  to  the  State  of  Alabama  the 
bount}^  of  ten  cents  per  bushel  allowed  him  by  existing 
laws,  and  shall  deliver  to  the  governor,  or  to  the  agent 
of  the  governor,  at  the  place  of  manufacture,  two-lif'ths"**'^  "'*"^'''- 
of  all  the  salt  hereafter  manufactured  by  said  lessee — 
the  said  lessee  retaining  for  himself  the  other  three- 
fifths  of  all   the  salt  hereafter  manufactured   by  him. 
Divisions  of  the  salt  hereafter  manufactured  from  time 
to  time  by  said  lessee,  shall    be   made  as  often  as  re- 
quired by  the  governor,  so  as  to  enable  the  governor 
to  procure,  as  often  as   he  thinks  proper,  deliveries  of 
the  portions  of  thesalt    to  which  the  State  is  entitled 
by  the  provisions  of  this  act;  and  such  deliveries  must 
be  made  by  said  lessee  as  often  as  required  hy  the  go- 
vernor.    The  said  lease  shall  expire  at  the  termination 
of  the  existing  war,  unless  continued  afterwards  by  the 
consent  of  the  governor  and  said  lessee.     The  said  les- 
see shall  keep  a  correct  account  of  all  salt  manufactur- 
ed, and  render  monthly  statements  thereof  to  the  go- 
vernor under   oath.     The  governor  in   person,  or  by  Lands  to  se  t  of 
agent,  shall  lay  off  and  set  apart  to  the  exclusive   use  ^p"**^*"" '**^^^^ 
and  control  of  said  lessee,  so  much  of  the  lands  inclu- 
ded in  his  said  lease  as  will   secure  him  against  any  in- 
terference or   hindrance  in  the  enjoyment  of  his  said 
lease,  or  in  tlie  procurement   of  water  adequate  to  the 
supply  of  any  n.umber  of  boiling  furnaces,  machinery 
and  other  fixtures  necessary  to  the  full  enjoyment  of 
his  said  lease.     In  the  event  the  present  war  shall  close,  certain  contm- 
or  tire  lessee  be   compelled  by  the  enemy  to  abandon  fj"*"^  provided 
his  salt  w'orks  and  in   consequence  thereof  he  be  desir- 
ous of  abandoning  his   lease,  in   such   case   he  shall  at 
once  signify  such  intention   or  desire  to  the  governor, 
\ylio  shall  thereupon,  on   the  part  of  the  State,  relm- 
linquish  such  portion  of  the  advances  which  shall  have 
been  made  to  him  by   the  governor,  and  shall  remain 
unrefunded  :     Provided,  Such  unrefunded  portion  shall  provino. 
have   been   expended    in  the   purchase  of  boilers,  salt 
pans  and  kettles,  and  in   the  erection  of  furnaces  and 
boring  of  wells,  or  in   other  permanent  improvements 
upon  the  salt  lands  included  in  said  lease,  and  said  les- 
see shall  turn  over  to  the  governor,  free  of  charge,  all 
the  improvements  made  by  said  lessee  upon  said  lands 
including  the  boilers,  salt  pans,  kettles  and  other  fix- 


1862.  60 

tures  or  appurtenances  to  the  said  salt  works  used  by 

liini,  and  not  actually  worn  out  or  lost  or  destroyed. 

Sec.  3.  Be  it  farther  enacted^  That  the  governor  be, 

GoTernor  mav  ^^"^^  ^6  18  hereby  authonzcd  10  contract  with  any  other 

contract    with  person,  or  persons,  for  the  manufacture  of  salt  on  any 

other  persons.      ',.11,.  ,      ,         •.       •         »  •      ti .     ,  1     . 

of  the  pubhc  salt  lands  in  this  State,  upon  such  terms 

as  he  may  deem  just,  not  inconsistent  with  the  rights 

and  privileges  of  said  lessee  John   P.  Figh  under  his 

Proviso  for  ben- said  lease:     Provided^  That  said   lessee  John   P.  Figh 

Y\lh.^  •^'*'"'  ^- shall  have  the  exclusive   use  and  control  of  all  timber 

growing  or  being  upon   the  lands  included  in  his  said 

lease  during   the  continuance  thereof:     And   'provided 

Further  ptov'.ao.  further,  That  all  the  timber  growing  or  being  upon  the 

lands  known  as  the  upper  salt  reserve,  shall  be  reserved 

and  held  under  the  control  of  the  governor  or  his  agent 

Governor    or    for  the  usc  of  State  Salt  works;  and  the  govermir  in 

agent  to  locate,  ^g^.^.^^^^  ^^,  y^^  pi'oxy,  IS  hereby  authorized  and  required 

to  :ocate  all   p'^rsons  other  than  lessees  of  the  State, 

engaged    in  manufacturing  salt    upon  the   public  salt 

lands,  and   set   apart  to  each  manufacturer,  suitable 

grounds  by  metes  and  bounds,  in  such  manner  as  to 

secure  the  State  works  and  all  lessees  under  the.  State, 

from  hindrance  or  inconvenience  in  the  prosecution  of 

manufacturing  salt,  and   to  prevent  collision  between 

those  who  may  be  manufacturing   for  their  own  use: 

Proviso  inhiv>it-  Provided,  That  said  lessee  Figh  shall   not  sub-let  any 

iub-i^ui'Dg.''"'    portion  of  the  furnaces  or  machinery  so  leased  to  him 

without' the   consent  of  the  governor:     A-nd provided 

further,  That  the  governor  shall  not  permit  any  person 

to  manufacture  any  salt  upon   any  of  the  public  salt 

lands,  without  a  contract  of  lease. 

Proviso  as  to  vio-     Sec.  4.  Be  it  further  enacted,  That  if  any   lessee  of 

tracT  °^   "°'any  salt  works  in  this  State  shall  violate  the  contract 

under  and  by  which  he  leased  the  sariio,  the  governor 

is  hereby  authorized  to  take  immediate  possession  of 

and  hold  and  work  the   same;  and  if  the  exercise  of 

such  authority  is   resisted,  the  governor  may  enforce 

the  same  by  the  military  power  of  the  State. 

Sec.  5.  Be  it  further  enacted,  That  the  governor  shall 
fheVt^e^how'tG  Ciuise  the  salt  he  may  receive  under  this  act  frora_  said 
be  distributed,  lesscc  Johu  P.  Figh,  or  fi'oni  any  other  lessee  of  this 
State,  to  be  distributed  among  the  counties  according 
to  their  population;  the  salt  for  each  county  to  be 
placed  under  the  control  of  its  court  of  county  com- 
missioners, who  shall   distribute,  the  same  among  the 


61  18G2. 

citizens  of  the  county,  according  to  their  actual  wants, 
giviiii^  a  preference  to  the   families  of  soldiers  in  the 
military  service    of  this  State  or  of  the  Confederate  Price  of  aait. 
States;  and  the  governor  shall    only  charge  such  price 
for  the  salt  thus  distributed  as  he  deems  just  and  fair. 

Sec.  0.  Be  it  fartlw  enacted,  That  this  act  shall  not  Act  when  to  go 
go  into  effect,  in  so  far  as  it  ciianges  the  terms  of  the  1^"^^*'^*''"  '"  ^^ 
said  lease  of  the  said  John  P.  Figh,  until  he  shall  sig- 
nify to  the  governor  his  assent  to  the  provisions  of  this 
act;  which  assent,  if  signified  at  all,  must  be  signified 
in  writing  signed  by  him  and  filed  with  the  governor 
within  two  days  after  the  approval  of  this  act  by  the 
governor.     If  the  said   lessee  John   P.  Figh  shall  not  "^'i?' '^  ^'«'>, 

i.    X       J.1  •       •    •  X?  ^1  •  1.        -i.!  •       ^t       X-         ehall  not  Ofsent. 

assent  to  the  provisions  of  this  act  within  the  time 
aforesaid,  he  may  within  that  time  signify  in  writing 
to  the  governor  his  desire  to  tenninate  his  said  lease; 
and  if  he  docs  within  that  time  so  signify  his  desire 
to  terminate  his  said  lease,  he  is  hereby  authorized  to 
terminate  it  upon  compliance  with  the  terms  and  con- 
ditions indicated  or  prescribed  in  the  last  sentence 
of  the  second  section  of  this  act ;  and  if  said  lessee 
Fiffh  should  thus  tern:iinate  his  said  lease,  the  trovernor^,  .  ., , 
IS  nerel)y  autnorizea  to  lease  tlie  saia  lands  and  pro- termin&ied. 
perty  embraced  by  or  connected  with  said  lease,  with- 
out delay,  upon  such  terms  and  conditions  as  he  deems 
best  for  the  State. 

Approved,  Dec.  9,  18G2. 


No.  40.]  AN  ACT 

To  prevent  Salt  manufactured  by  any  of  the  Lessees 
of  the  Public  Salt  LandB  of  this  State  from  being 
sold  to  non-residents  of  this  State. 

Sec.  1.  J3e  it  exacted  hi/  ihr  Smaic  and  Ifonsr,  •^Z' i^g"'c- ucuwfai  to  b« 
BC7itativcn  of  the  State  of  Alabama  in    General  Aesembh/iia\<x  or  A\i^ofc<S 
ronvc'ed,  That  it  shall  not  be  lawful  for  any  of  the  salt  "i.sVu.""'  °^ 
manufactured  upon  any  of  the  salt  lands  belonging  to 
this  State,  to  be  carried  out  of  this  State,  or  to  be  sold, 
given  or  delivered  to  any  [lerson  for  the  purpose  of  be- 
ing carried  out  of  this  State,  anii  if  any  person  shall 
^•''^late,  or  knowingly  aid  or  abet  iu  vio'latint;  the  pro-,.    ,.    ^,   .„ 

r  1.x  •  11111  •!  .  -'^  '  rcnalty  for  tIo* 

ions  ot  thia  act,  he  shall  be  guilty  ot  a  misdemeanor,  i»n<">. 


1862.  62 

and  on  conviction  shall  be  'fined  in  any  snm  not  less 
tliati  one  thousand  dollars,  and  imprisoned  for  any  pe- 
riod not  less  than  three  months,  at  the  discretion  of 
the  jury  trying  the  cause:  Provided,  That  the  govern- 
or may  lease  to  persons  other  than  residents  of  this 
!^°^"°°'' "^'y    State,  such  quantity  of  the  public  salt  waters  as  he  may 

lease  to  non-res-  '  .i  J  tr  r-i  i-i' 

idents.  deem  consistent  with  the  wants  of  the  people  or  this 

State,  and  upon  such  terms  as  he  may  deem  just;  and 
the  salt  manufactured  by  such  lessees  may  be  carried 
out  of  the  State  upon  the  written  authority  of  the  go- 
vernor. 

Approved,  December  9,  1862. 


m.  41.]  AN  ACT 

For  the  benefit  of  the  hospitals  established  in  Rich- 
mond, Va.,  for  sick  and  wounded  soldiers  from  Ala- 
bama, also  for  the  benefit  of  the  Military  Aid  Society 
of  Mobile,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Hepre- 
KpT>'ropr\ntion  of  sen  tatives  of  the  State  of  Alabama  in   General  Assembly 
mMThospUau!  co?ivenet?,  That  the  sum  of  thirty  thousand  dollars,   or 
so  much  thereof  as  may  be  necessary,  be  and  the  same 
is  hereby  appropriated  and  placed  at  the  disposal  of  the, 
governor  of  this  state,  for  the  benefit  of  the  hospitals 
established  in  the  city  of  Richmond  for  sick  and  wound- 
operations  may  ed  soldicrs  from  this  state  in  the  Confederate  army,  and 
the  hospital  operations  supported  by  this  appropriation 
may  be  extended  to  any  part  of  the  military  depart- 
ment of  general  Robert  E.  Lee,  commanding  the  army 
of  the  Potomac  j  out  of  thaamount  appropriated  in  this 
Pay  of  supcrin- section,  thc  govcmor  is  authorized  to  pay  the  superin- 
tendent of  the  hospitals  such  compensation  as  he  may 
deem  just,  and  he  may  take  into  consideration  not  only 
thc  services  rendered,  but  also  the  increased  or  dimin- 
ished expenses  incidental  to  a  residence  in  Richmond. 
Appropriation  of     Sec.  2.  Bc  it  further  enacted,  That  the  sum  of  four- 
?arVAi/soc!ltyi  teen  thousand  dollars,  or  so  much  thereof  as  maybe 
Mobile.  necessary,  be  and   the  same  is  hereby  appropriated  for 

the  benefit  of  the  Military  Aid  Society  of  Mobile,  and 
that  the  same  be  placed  uud3r  the  control  of  the  gov- 
ernor, to  be  paid  over  from  time  to  time  to  such  officer 


63  1862. 

or  agent  of  said  society  as  may  be  authorized  to  receive 
it,  and  to  be  expended  as  said  society  may  deem  best 
for  the  relief  of  the  sick  and  wounded  soldiers  in  Mo- 
bile, or  at  any  other  place  in  the  military  department 
now  commanded  b}'  general  Pemberton. 

Sec.  3.  Be  it  furllier  enacted,  That  the'sum  of  twen- 
ty-five thousand  dollars  be  placed  under  the  control  of  lilvonor'^eu. 
the  governor,  any  portion  of  which  may  be  used  by  """"^^'^  ""'T^' 
him  in  such  manner  and  in  such  places  as  in  his  judg- 
ment may  be  proper  for  the  benefit  of  the  sick  and 
wounded  soldiers  in  the  Confederate  army  from  this 
State  now  under  the  command  of  general  Bragg. 

Sec.  4.  Be  it  further  enacted,  That  the  sum  of  five  f°/n,e''j5'oiS'*' 
thousand  dollars  be  and  the  same  is  hereby  appropria- 
ted to  the  Soldiers'  Home  in  the  city  of  Montgomery; 
the  sum  of  twenty-five  hundred   dollars  to  the  Talla- pft  i.iij^soo.  °'* 
ladega  hospital ;  the  sum  of  five  thousand  dollars  to  the  Feima  Ladies' 
Ladies' Aid  Society  at  Selma,  and  the  sum  of  thirty- ^'o.^"''"'''^'^'' 
five   hundred    dollars   to   the  Ladies'  Aid   Society  at  Greenviiie  La- 
Greenville,  Alabama.  Jstoo''*' '*^"*' 

Sec.  5.  Be  it  further  enacted,  That  the  governor  is  now  to  be  drawn 
authorized  to  draw  his  warrant  on  the  auditor  of  the 
treasury  for  all  or  any  portion  of  the  money  appropria- 
ted by  this  act,  to  be  paid  as  directed  by  clause  3,  sec- 
tion 3,  of  an  act  entitled  "an  act  making  appropriations 
for  the  military  defense  of  the  State,"  approved  6th 
February,  18G1,  and  the  governor  shall  cause  a  state- 
ment or  statements  to  be  submitted  to  the  next  general  rurnXawgen' 
assembly  of  the  amount  and  manner  of  expenditure,  ""' *"^™'''^ 
and  shall  require  vouchers  to  be  taken  for  all  expendi- 
tures when  practicable. 

Approved  December  9,  1862. 

A  

No.  42.]  AN  ACT 

To  render  certain  persons  subject  to  militia  service. 

Sec.  1.  Be  tt  enacted  hy  the  Senate  and  Ilouse  of  Rep- 
rticniatives  of  the  State  of  Alabama  in  General  Assembbj  i":nTn'A'°2t^. 
convened,  That  from  and  after  the  approval  of  this  act,  f'"i>«biic. 
justices  of  the  peace,  constables  and  notaries  public,  be- 
tween the  ages  of  eighteen  and   forty-five   years,  shall 


1862.  G4  1^ 

be  subject  to  militia  service,  unless  physically  or   meu- 
tally  disqualified  for  such  service. 
Approved  December  G,  18G2  •  ' 


No.  43.]  AN  ACT 

To  amend  the  Military  Code. 

Ceruin  judidi.-ii      Sec.  1.  Bc  it  cTiacted  hy  the  Senate  and  House  of  Rep' 
offlcerB  eftmpi.  yesentafivcs  of  th»  State  of  Alabama  in  General  Atsembly 
convened,  That  the  Military  Code  of  the  Scate  of  Ala- 
bama be  so  amended  as  to  exempt  from   military  ser- 
vice judges  of  probate,  sheriffs  and  solicitors. 
Approved  November  8,  1862. 


No.  44.]  AN  ACT 

To  repeal  an  actio  provide  for  the  military  education 
of  two  young  men  from  each  county  in  the  State  of 
Alabama,  approved  February  2l8t,  1860. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep' 
rzstntatives  of  the  State  of  Alabama  in  Gendral  Assembly 
convened^  That  an  act,  entitled  "an  act,  to  provide  for  the 
military  education  of  two  young  men  from  each  county 
in  the  State  of  Alabama,"  approved  February  21,  1800, 
be  and  the  same  is  hereby  repealed. 

Approved  November  8,  1862. 


No.  45.]  AN  ACT 

To  amend  the  act  approved  December  10,  1861,  entit- 
led an  act  to  regulate  judicial  proceedings. 

Bcciion9amehd'     Sec.  1.  Be  it  etiactcd  bij  the  Senate  and  House  of  Bep- 
^'^-  resentatives  of  the  State  of  Alabama  in  General  Assembly 

convened,  That  section  nine,  of  an  act  to  regulate  judi- 
"gowier"  for  cial  proceedings,  approved  December  10,  1861,  be  and 
••vojunteer."     ^j^^  gamo  is  hereby  amended  by  striking  out  the  word 


65  1862. 


"volunteer*'  and  inserting  in  lieu  thereof  the  word  sol- 
diers. 
Approved  November  18, 1862. 


No.  46.]  AN  ACT 

In  respect  to  forcible  entry  and  unlawful  detainer. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Souse  of  Hep- 
rcsentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  act  to  rcgnhitc  judicial  proceedingSgj^^,^^^  ,, 
approved  December  10th,  1861,  so  far  as  the  sum  con-e<nnpart. 
flicts  with  the  provisions  of  the  Code  in  respect  to  for- 
cible entry  and  unlawful  detainer,  be  and  the  same  is 
hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  That  courts  having  ju- 
risdiction of  the  matters  contained  in  article  four,  title  certain  courts 
three,  chapter  two,  in  said  code,  shall   be  held  upon  at  '"''"'°" 
all  times  for  the  consideration  and  adjudication  of  ques- 
tions arising  under  said  article,   chapter  and  title,  and 
judgment  had  thereon  without  delay. 

Approved  November  7,  1862. 


No.  47.]  AN  ACT 

To   prevent  false   representations   as  to   Government 
Agencies. 

Skc.I.  Be  it  enacted  by  the  Senate  and  House  of  Bcpre- 
!i€ntatives  of  the  State  of  Aiab(ima  in  General  Assembly 
eowcncd^  That  if  any  person,  or  association  of  persons, 
shall  anywhere  in  the  state  of  Ahibama  represejit  him 
or  themselves  falsely,  to-be  agents  of  the  Confederate 
States  government,  or  ot  any  state  of  said  Confederate 
government,  or  of  any  contractor  under  the  same,  with 
the  intention  of  purchasing  any  commodity  whatever,  *^''*  ' 
such  person  or  persons  shall  be  liable  to  indictment,  and, 
on  conviction,  be  imprisoned  in  the  penitentiary  not 
lees  than  one,  nor  more  than  five  years. 

Approved  November  8,  1862. 


4 


1862.  66 

:N"o.  48.]  AN  ACT 

To  susspeud  the  operations  of  certain  limitations  of  the 
Code  and  Statutes  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  all  the  provisions  of  the  code,  and  all 
statutes  limiting  the  time  within  which  appeals  may  be 
taken,  or  within  which  dower  may  be  recovered,  or 
Ti  DC  a -.spcndca.  within  which  a  civil  suit  or  proceeding  may  be  prose- 
cuted, be  and  the  same  are  hereby  suspended  until  the 
expiration  of  one  year  from  the  time  a  treaty  of  peace 
shall  be  ratified  between  the  Confederate  States  and  the 
United  States  :  Provided,  hoivever,  that  this  act  shall  not 
have  the  effect  of  reviving  any  right  which  has  already 
been  barred  by  any  limitation. 
Approved  November  8, 1862. 


No.  49.]  AN  ACT 

To  suspend  the  operation  of  the  statutes  of  non-claims 
in  certain  cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
cerihiBiitne  not  convened,  The  time  within  which  the  court  house  of 
to  be  computed.  ^^^^  ^^^^^^^  iu  tliis  State  shall  have  been  within  the 

lines  of  the  army  of  the  United  States,  or  any  other 
public  enemy  of  the  state,  or  of  the  Confederate  States, 
must  not  be  computed  as  a  portion  of  the  time  neces- 
sary to  create  a  bar,  under  sections  1883  and  1847  of 
the  code  oi  Alabama,  to  claims  against  the  estates  of 
deceased  persons  upon  which  letters  testamentary  or  of 
administration  may  have  been  granted  by  any  court  of 
said  county. 

Sec.  2.  Be  it  further  enacted,  The  time  within  which 
,  any  loyal  citizen  of  this  state,  or  of  the  Confederate 

Tune  a  citizen  is  ^  ^        J  .  ,  .  ^•'•.  •  ,^  •       .^         i- 

In  hands  of  en- States,  may  have  been  in  captivity,  or  within  the  lines 
^uputed.'*  *"*  of  any  army  hostile  to  their  state,  or  Confederate  States, 
must  not  be  computed  as  a  portion  of  the  time  neces- 
sary to  create  a  bar,  under  sections  1883  and  1847  of 
the  code  of  Alabama,  to  any  claim  which  such  citizen 


67  1862, 

may  have  held,  either  in  his  own  right  or  as  executor, 
administrator,  or  guardian  or  trustee,  against  the  estate 
of  any  deceased  person  in  this  State. 

Sec.  3.  Be  it  further  enacted,  When  any  creditor,  ei-  Absence  in  «be 
tlier  in  his  own  right  or  as  executor,  administrator,  *''"''  °°' *»  *»« 
guardian  or  trustee,  shall  have  been  absent  from  his 
home  in  the  military  service  of  the  state,  or  of  the  Con- 
federate States,  the  period  of  his  absence  in  such  mili- 
tary service  must  not  be  computed  as  a  portion  of  the 
time  necessary,  under  sections  1883  and  1847  of  said 
code,  to  create  a  bar  to  any  claim  which  such  creditor 
may  hold  against  the  estate  of  any  deceased  person, 
subject  to  be  administered  in  this  state. 

Sec.  4.  Be  it  further  enacted,  Corporations  chartered  ^  ,.  ^ 
l>y  this  state,  which  may  have  had  anyplace  of  business  to  corporationc 
within  the  lines  of  any  hostile  army  in  this  state,  shall 
be  entitled  to   relief  intended  to  be  provided  by  sec- 
tion two  of  this  act  for  citizens  of  this  state. 

Sec.  5.  Be  it  further  enacted.  That  nothing  contained  Not  to  retard -.pr 
in  this  act  shall  operate  to  retard  the  settlement  of  ^3.  **'° '"'"'*™*^'"' 
tates  of  deceased  persons,  nor  to  increase  the  liabilities 
of  representatives  of  such  estates  as  shall  have  been 
settled  or  distributed  prior  to  the  presentation  or  filing 
of  the  claims  of  creditors,  intended  to  be  protected  by 
this  act :  Provided,  howevf.r,  that  such  creditors  shall  not 
be  debarred  from  proceeding  in  such  cases  against  the 
legatees,  devisees,  or  distributees  of  such  estates,  nor 
against  other  creditors  of  such  estates  for  contribution. 

Approved  November  24, 1862. 


Ko.  50.]  AN  ACT 

To  suspend,  during  the  war,  the  statute  of  non-claims 
in  certain  cases. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  Ilou^e  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  all  statutes  in  this  state,  which  require  cr«dg."nl' 
the  presentation  of  claims  or  the  filing  of  the  same  in  'i'^«*»«' !>«»«>• 
the  office  of  the  judge  of  i>robate  against  estates  of  de- 
ceased persons,  either  as  solvent  or  insolvent  estates,  be 
and  the  same  are  hereby  suspended  for  and  during  the 
war. 


1862.  68 

Sec.  2.  Be  it  further  enacted^  That  all  rules  of  court, 

Eu\e«of  ccnrt  ^"^  all  laws  that  limit  the  time  in  which  any  suit  or 

sttjpended.  :      proceeding  shall  be  revived  in  any  court  in  this  state, 

be  and  the  same  are  hereby  suspended  for  and  during 

the  war. 

Approved  December  5,  1862. 


No.  51.]  AN  ACT 

To  authorize  the  sale  of  lands  mortgaged  to  the  State. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  Bouse  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
Ala.  *  Tenn.  R.  convened,  That  the  Alabama  and  Tennessee  River  rail 
und3."  ™"^  *^"  J'<5"<i  company,  acting  by  their  board  of  directors,   be 
and  they  are  hereby  authorized  to  sell  the  lands  mort- 
gaged by  said  company  to  the  state,  as  security  on  ac- 
count of  the  loan  to  the  cornpan}'  of  a  portion  of  .the 
three  per  cent,  fund,  or  so  much  thereof  as  the  said 
board  ma;^  deem  it  advantageous  to  sell,  and  shall  be 
approved  by  the  governor:  Provided,  that  no  such  sale 
shall  be  effectual  to  divest  the  lien  of  the  state  under 
to  proceeds.;^  g^-^  mortgage,  until  the  proceeds  thereof  shall  be  paid 
into  the  treasury,  to  be  credited  on  the  indebtedness  of 
said  company  on  account  of  said  loan. 
Approved  November  4,  1862. 


No.  52.]  AN  ACT 

To  regulate  the  interest  upon  debts  in  payment  of 
which  Confederate  Treasury  Notes  ruay  be  tendered 
and  refused. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  JRepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  if  it  shall  be  made  to  appear  to  any 
court  of  this  state,  in  any  suit  or  proceeding  hereafter 
commenced  upon  any  contract  hereafter  made,  express 
or  implied,  for  the  payment  of  money,  that  before  the 
commencement  of  the  suit  or  proceeding  the  defendant 
or  defendants  therein,  or  his  or  her  personal  representa- 


69  18fi2. 


tive,  tendered  payment  of  the  debt  in  treasiir^''  notes  of 

the  Confederate  States,  and  the  plaintiff  refused  to  re- J*eTcen7. mtlrT 

ceive  thcni  at  their  par  value,  it  shall  not  be  lawful  for 

the  plaintiff  in  said  suit  or  proceeding  to  recover  more 

than  one-fourth  of  one  per  cent,  per  annum  interest  on 

said  contract. 

Approved  November  17, 1862. 


No.  53.]  AN  ACT 

To  repeal  in  part  an  act  entitled  "An  act  in  relation  to 
debts  due  Alien  Enemies,"  approved  10th  Decem- 
ber, 1861. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
conened,  That  an  act  entitled  "an  act  in  relation  to  Repealed  us  to 
debts  due  alien  enemies,"  approved  10th  December, ''"'""° '''"**■ 
1861,  be  and  the  same  is  hereby  repealed,  so  far  as  it 
prevents  the  collection  of  costs  out  of  the  dclendants 
in  judgments  due  to  the  clerks  and  sheriffs  of  the  sev- 
eral counties  of  this  state. 

Approved  November  24,  1862. 


No.  54.]  AN  ACT 

*The  more  effectuall}'  to  provide  for  the  redemption  of 
real  estate  sold  under  execution. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
reseiUatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  upon  any  person,  who  is  entitled  to  re-  Tender  in  Bank 
deem  ony  real  estate,  under  the  provisions  of  chapter  ^''■'[*?i'"'7''**®* 
4,  part  the  2d,  and  title  six,  of  the  code  of  Alabama, 
making  tlie  tender  as  provided  by  said  chapter  in  cur- 
rent Bank  notes,  or  treasury  notes  of  the  Confederate 
States,  or  of  this  State,  the  title  to  the  said  real  estate 
shall  vest  in  the  person  so  making  the  tender,  and  he 
shall  be  entitled  to  all  the  rights  and  remedies  provided 
by  said  chapter  for  the  recovery  of  the  possession  of 
the  said  real  estate. 


1862.  70 

Sec.  2.  Be  it  further  enacted,  That  the  provisions  of 
Applies  to  sales  t^i^*^  ^^^  shiUl  apply  to  all  sales  heretofore  made,  the  re- 
heretoforcmadc.  dumption  of  which  is  providcd  for  by  said  chapter,  as 
well  as  sales  which  may  hereafter  be  made,  upon  which 
the  time  of  redemption  has  not  expired,  but  shall  not 
have  the  effect  to  extend  the  period  of  redemption  in 
any  case. 

*Thi8  bill  was  vetoed  by  the  Governor  and  then  passed  by  the  constitu- 
tional maj,  Nov.  3d,  1862. 


No.  55.]  AN  ACT 

To  provide  for  the  taking  of  testimony  upon  interroga- 
tories in  certain  criminal  cases. 

Sec.  1.  Be  it  enadnd  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened^  That  defendants  in  all  criminal  prosecutions 
^''*"*  be tak™n"  in  this  State,  may  take  the  testimony  of  all  witnesses 


ny  mav 

As  to  notice 


absent  in  the  army  of  the  Confederate  States,  by  filing 
interrogatories  with  the  clerk  of  the  circuit  court,  and 
complying  with  all  the  laws  and  provisions  respecting 
the  taking  of  testimony  by  interrogatories  in  civil 
cases;  except  that  the  notice  required  by  law  to  be 
served  upon  the  party,  or  his  attorney,  shall  be  served 
upon  the  prosecutor,  if  there  be  any  residing  in  the 
county,  and  not  absent  in  the  army,  and  if  none  resid- 
ing in  the  county,  or  absent  in  the  army,  then  by  filing 
in  the  office  of  the  clerk  the  length  of  time  as  now  re- 
quired in  civil  cases;  the  clerk  shall  issue  the  commis- 

.;oS!^'^^sio°nlj°^  sion  to  take  the  testimony  or  answers  to  the  said  inter- 
rogatories, and  cross  interrogatories,  which  may  be  filed 
by  the  prosecutor,  or  solicitor,  as  in  civil  cases,  and  in 
taking  and  returning  into  court,  all  the  laws  respecting 
interrogatories  in  civil  cases,  shall  be  applicable  to  tes- 
timony taken  under  this  act. 

Sec.  2.  Be  it  further  enacted,  That  the  State  may,  in 
like  manner,  take  the  testimony  of  any  witness  absent 

te'^t'irao^y!  '^''Mn  the  amiy,  whenever  the  defendant  shall  file  with  the 
clerk  of  the  circuit  court  his  consent  in  writing,  to  the 
same. 

Approved  November  17,  1862. 


71  1862. 


No.  56.]  AN  ACT 

To  supply  record  evidence  in  certain  cp,ses. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep-  what  transcripts 
resentatives  of  the  State  q/  Alabama  in  General  Assembly 
convened^  That  all  transcripts  of  books  required  by  law 
to  be  kept  in  any  of  the  land  offices  of  this  State,  or  in 
the  office  of  secretary  of  State,  or  the  office  of  comp- 
troller of  public  accounts,  properly  certified  as  correct, 
by  the  proper  custodian  of  said  books,  shall  be  received 
as  evidence  in  the  courts  of  this  State,  and  it  shall  be 
no  objection  to  such  transcript,  that  the  book  from 
which  it  ma}'^  be  taken  is  a  copy  of  office  books,  belong- 
ing to  the  government  of  the  United  States.  i 

Approved,  Dec.  9th,  1862. 


No.  57.]  AN  ACT 

To  provide  for  the  taking  of  testimony  by  registers  in  « 

chancery.  li 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly  when  the  Regis- 
convened,  That  when   interroojatories  are  filed  in  the  !**'''"•'"'"'"' '*■■ 
chancery  court  of  this  State,  tor  the  purpose  ot  taking 
the  deposition   of  a  witness  in   any  cause  pending  in 
gaid  court,  and  the  solicitor  tiling  the  same,  shall  ap- 
point the  register,  in  writing  endorsed  on  the  interrog- 
atories, as  the  commissioner  to  take  the  same,  it  shall 
be  lawful  for  said  register  to  proceed  to  take  Ihe  testi- 
mony, of  the  witness,  or  witnesses,  specitied  in  the  in- 
terrogatories   under   the  same   rules  and   regulations 
applying  to  the  taking  of  such  testimony,  by'commis- 
sioners  appointed  by  said  register,  unless  the  opposite  how  if  oppowng 
party,  within   ten  days  after  such  interrogatories  are ''*"' "'^''"• 
filed,  shall  file  an  objection  in  writing,  then  the  appoint- 
ment of  a  commissioner  shall  be  made  as  already  pro- 
vided lor  by  law. 

Ap[(roved  November  17,  1862. 


1862.  72 

No.  58.]  AN  ACT 

To  provide  for  making  persons  absent  in  the  Confede- 
rate Array  parties  to  applications  to  probate  wills  and 
for  grants  of  administration. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  all  persons  absent  from  this  State  in  the 
army  of  the  Confederate  States  may  be  made  parties 
b}^  courts  of  probate  in  all  applications  to  probate  wills, 
and  grant  of  letters  of  administration  by  publication 
in  a  newspaper,  as  in  cases  of  non-residents. 

Approved  ^November  25,  1862. 


No.  59.]  AN  ACT 

To  authorize  the  taking  of  depositions  of  subscribing 
witnesses  to  wills  in  certain  cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  depositions  of  subscribing  witnesses 
to  wills  oftered  for  probate,  who  are  in  this  State,  and 
in  the  service  of  the  Confederate  States,  or  of  this  State, 
may  be  taken  in  such  manner  as  the  testimony  of  wit- 
nesses residing  out  of  the  State,  as  is  now  required  to 
be  taken  hy  section  1626  of  the  Code  of  Alabama. 

Approved  November  28,  1862. 


No.  60.]  AN  ACT 

To  amend  An  act  entitled  "  An  act  the  more  effectually 
to  secure  subordination  among  slaves,  by  requiring 
the  owner,  or  overseer,  to  reside  with  them,"  ap- 
proved February  5,  1856. 

Sec.  1.  Be  it  enacted  by  tne  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  if  the  congress  of  the  Confederate  States 
shall  hereafter  change,  in  any  respect,  that  part  of  the 


73  1862. 

exemption  law,  passed  at  its  last  session,  which  ex- 
empts "  one  person,  either  as  agent,  or  owner,  or  over- 
seer, on  each  plantation  on  which  one  white  person  is 
required  to  be  kept  by  the  laws,  or  ordinances  of  any- 
State,  and  on  which  there  is  no  white  male  adult, 
not  liable  to  do  military  duty,"  such  change  shall  so 
operate,  from  the  time  it  is  mudc,  as  to  amend  the  act 
entitled  "An  act  the  more  ettectualh'  to  secure  subor- 
dination of  slaves  by  requiring  the  <nvner,  or  overseer, 
to  reside  with  them,"  approved  February  5,  1856,  by 
striking  out  of  said  act  the  words  "  six  hands,"  and  in- 
serting in  lieu  of  those  words  the  words  "  twenty  slaves," 
but  such  amendment  shall  not  affect  any  offence  com- 
mitted, or  prosecution  commenced,  under  said  act  prior  ¥■ 
to  the  time  when  such  change,  or  amendment,  may  < 
occur.  ' 
Approved  December  9,  1862.                                                                  ■* 


No.  61.]  AN  ACT 

To  increase  the  fees  of  Jailors  for  victualing  prisoners. 

Sec.  1.  Be  it  enacted  by  ihc  Senate  and  House  of  Bep- 
resentatkes  oj  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
the  jail  fees,  as  to  matters  hereinafter  specified,  shall  be  p,i<.og. 
as  follows,  viz :  To  victualling  each  white  prisoner, 
seventy-five  cents  per  day  ;  for  victualling  each  slave, 
or  free  person  of  color,  sixty-five  cents  per  day,  in  lieu 
of  tlie  fees  now  allowed  by  law  for  similar  services. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  con- continuance  of 
tinue  in  force  no  longer  than  the  continuance  of  the  ''"' 
present  war.  * 

Approved  November  4, 1862. 


No.  62.  AN  ACT 

In  relation  to  the  officers  of  Court. 

Sec.  1.  Be  it  enacted  In/  the  Senate  and  Home  of  Bep- 
reseniatives  of  the  State  of  Alabama  in  General  Assembly 


1862.  74 

convened,  That  whenever  there  shall  be  a  surplus  of  the 
fund  arising  from  fines  and  forfeitures  in  the  county 
treasury  of  any  county  in  this  state,  over  and  above  the 
sura  required  to  pay  the  registered  claims  of  state  wit- 
nesses, it  shall  be  the  duty  of  the  county  treasurer  of 
the  proper  county  to  pay  the  fees  of  the  ofdcers  of 

Fees  of  officers  i.        ■    •  /•  •       •        i  •  i  •    i     i.i  i    i?        i 

tobepaid,        court  arising  froni  Criminal  cases  in  which  the  deiend- 
ants  have  been  convicted,  and  have  been  proved  insol- 
vent by  the  return  of  executions — "no  property  found." 
Sec.  2.  Be  it  further  enacted,  In  the  cases  alDove  pro- 
statement  to  bevided  for,  the  officers  of  court  shall  make  a  statement 
"****•  under  oath  of  the  amount  of  such  fees  due  them,  re- 

spectively setting  out  the  style  of  each  case,  and  the 
term  at  which  judgment  was  rendered  ;  and  it"  at  any 
time  the  costs  so  enumerated,  or  any  part  thereof,  shall 
be  paid  to  the  said  officers  of  court  by  the  defendants, 
under  execution  or  otherwise,  they  shall  refund  the 
Asto  lefunding.  same  to  the  county  treasurer,  who  shall  place  the 
amount  to  the  credit  of  the  fine  and  forfeiture  fund  of 
the  proper  county. 

Sec.  3.  Be  it  further  enacted,  Any  officer  of  the  court 

Penalty  for  vio- failing  or  refusing  to   comply  with  the  requirements  of 

lation.  ^1^^  preceding  section,  shall  pay  four-fold  the  amount  so 

withheld,  to   be  recovered   by  motion  of  the  county 

treasurer  in  the  circuit  court  of   the  proper  county  on 

three  days'  notice  to  the  defendant. 

Sec.  4.  Be  it  further  enacted.  That  this  act  shall  take 
efiect  from  its  passage  only. 
Approved  November  14,  1862. 


No.'  63.]  AN  ACT 

To  provide  for  the  security  of  the  records  and   papers 
in  the  custody  of  the  several  officers  of  this  State." 

Sec.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in   General  Assembly 
convened,  That  if  any  county  in  this  State  shall  be  iu- 
inoase  o.  mya  yj^^jg^j^  q,,  gj^j^n  Y)Q  j,^   imminent  danger  of  invasion  by 

the  public  enemy,  it  shall  be  the  duty  of  such  officer 
residing  in  such  county  who  is  entrusted  with  the  cus- 
officers  may  re-  tody  of  any  rccoi'ds,  papers  or  books,  to  remove  the 
same  to  a  place  or  places  deemed  by  him  safe  from  the 


In  case  of  inva 


move. 


75  1862. 

inroads  of  the  enemy,  and  to  make  the  best  arrange- 
ment and  provision  he  can  for  the  preservation  of  such 
papers,  or  books,  or  records. 

Sec.  2.  Be  it  further  enacted,  That  the  expenses  prop-    ^^^,  ^^  ^^^^^ 
erly  incurred  in  the  removal  and  preservation  of  such  are  to  be  paid. 
papers,   books  or  records,  in  each  county,  shall  be  a 
charge  upon  the  county  treasury  of  the  county  from 
which  they  were  removed ;  and  the  court  of  county 
commissioners  must  make  proper  allowance  and  provi- 
sion for  such  expenses  :  Provided,  however,  that  the  ex-  Proviso  as  to «. 
penses  of  removing  and  preserving  the  papers  and  re-^urt?wmK'"* 
cords  of  the  supreme  court  shall  be  paid  by  the  trea- 
surer of  the  state  on  the  certificate  of  any  of  the  judges 
of  said  court,  stating  what  is  the  proper  sum  to  be  paid 
therefor. 

Approved  November  26,  1S62. 


No.  64.]  AN  ACT 

In  relation  to  publications  by  Courts  of  Probate. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  in  all  cases  in  which  by  law  any  notice 
or  publication  is  required  to  be  made  from,  or  by  any 
court  of  probate,  if  there  be  more  than  one  newspaper 
published  in  the  county  the  executor,  administrator  or 
guardian,  as  the  case  may  be,  or  their  attorneys  may  Executor,  &<:., 
designate  the  paper  in  which  the  publication  sljall  be  "w8pM.er'  '*'* 
made,  and  the  judge  of  probate  shall  cause  publication 
to  be  made  accordingly,  ind  if  there  be  no  newspaper 
published  in  the  county,  the  like  |)rivilege  shall  be 
granted  to  the  said  parties,  and  the  like  duty  performed 
by  said  judges. 

Approved  November  8,  1862. 


1862.  76 

No.  65.]  AN  ACT  "^  >   -•    '  'i^' 

To  amend  "An  act  to  authorize  certain  settlements  in 
the  Probate  Courts  of  this  State." 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
avaiuLi.'^'^^^°^  convened,  That  the  first  section  of  "an  act  to  authorize 
certain  settlements  in  the  probate  courts  of  this  state," 
approved  December  9,  1861,  be  and  the  same  is  hereby 
amended  so  as  to  read,  "that  hereafter  whenever  a  judge 
of  probate  of  this  State  shall  be  incapacitated  under 
the  provisions  of  section  560  of  the  Code,  from  making 
settlements  of  any  administrator,  executor  or  guardian, 
of  his  county,  it  shall  be  lawful  for  the  register  in  chan- 
cery of  the  district  in  which  the  county  of  such  judge 
of  probate  is  situated,  to  make  such  settlements  as  if 
he  were  the  judge  of  probate. 

Approved  November  7,  1862. 


No.  66.]  AN  ACT 

To  authorize  the  appointment  of  special  Registers  in 
Chancery  in  certain  cases,  and  for  other  purposes. 

Sec.  1 .  J3e  it  enacted  by  the  Senate  and  House  of  JRep- 
in  which  resetitativcs  of  the  State  of  Alabama  in    General  Assembly 
special   TegiHer  convened^  That  from  aucl  after  tlic  passagc  of  this  act, 
may  be  appoint-  ^,jjQj.g^,gj,  ^|-,q  register  of  any  chancery  district  in  this 
state  has  heretofore  volunteered,  or  may  hereafter  vol- 
unteer, in  the  military  service  of  the  Confederate  States, 
or  of  this  State,  and  is  absent  from  his  office,  engaged 
in  such  service,  the  chancellor  of  ttie  division  in  which 
such  district  lies  is  authorized  to  appoint  a  special  reg- 
ister to  discharge  the  duties  of  said  offi.ce  during  the 
absence  of  the  register  in  such  military  service,  requir- 
Bond  required.  -^^^  ^-^.^^^^  j^j^  ^^^jj^  bond,  with  sccurity,  as  he  may  deem 

proper  to  secure  the  faithful  performance  of  his  duties ; 
and  said  special  register,  until  the  return  of  the  regis- 
ter or  a  vacancy  occurs  by  the  death  or  resignation  of 
Term  of  office,  said  register,  is  hereby  authorized  to  perform  all  acts 
and  discharge  all  duties  that  registers  in  chancery  by 
law  have  power  to  do,  and  to  receive  the  fees  allowed 


77  1862. 

by  law  to  register?  for  the  performance  of  similar  du- 
ties :  Provided,  however,  that  said  special  register  may  froviao. 
at  any  tinjc  before  the  return  of  the  register,  or  a  va- 
cancy occurs  as  aforesaid,  be  removed  by  the  chancellor 
for  any  of  the  causes  that  would  authorize  the  removal 
of  a  register. 

Sec.  2.  Be  it  further  enacted,  That  any  and  every  ap-  Pomer  appoint- 
pointment  of  a  special  rciiister  within  the  provisions  of  "*'*^  "'"''^^" 
tlie  foregoing  section,  heretofore  made  by  a  chancellor, 
be  and  the  same  is  hereby  ratified  and  confirmed. 

Sec.  3.  Be  it  further  enacted,  That  every  register, 
(except  special  registers)  heretofore  or  hereafter  ap[;)oint- 
ed,  sliall  continue  to  discharge  the  duties  of  his  oifice ''■*''"''' ^®"* 
until  a  successor  shall  be  duly  appointed  and  qualified, 
notwithstanding  the  expiration  of  the  time  for  which 
he  was  or  shall  be  appointed,  and  that  he  and  his  sure- 
ties on  his  official  bond  shall  continue  liable  thereon  to 
the  same  extent  as  if  such  time  had  not  expired. 

Approved  Kovember  6,  1862. 


Ko.  67.]  AN  ACT 

To  enable  the  Courts  of  County  Commissioners  of  this 
State  to  appoint  Overseers  and  Apportioners  ot  pub- 
lic roads  over  the  age  of  eighteen  and  under  the  age 
of  sixty. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Bep' 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  if  hereafter  the  court  of  county  commis- 
siofiers  of  any  county  appoint,  as  an  anportioner  of  an 
election  precinct,  or  as  an  overseer  of  a  road  precinct, 
a  white  male  person  over  eighteen  years  of  age  and  not 
exceeding  sixty  years  of  age,  as  such  court'is  hereby 
authorized  to  do  under  section  1142  of  the  code  aa 
hereby  ameiided,  it  shall  be  no  excuse  for  not  accepting 
any  such  office,  that  the  jtcrson  appointed  is  over  the 
age  of  forty-five  years;  but  every  other  excuse  sanc- 
tioned by  section  1140  of  the  code  remains  unaffected 
by  this  act:  Provided,  howerrr,  that  this  act  shall  con- j,^^^,^^ 
tinue  of  force  only  during  the  war  and  one  year  there- 
after. 

Approved  November  10, 1862. 


1862.  78 

No.  68.]  AK.ACT 

In  relation  to  the  Records  of  the  Courts  of  County 
Commissioners. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  all  vouchers  taken  b}-  any  court  of  county 
commissioners,  or  judge  of  probate,  for  moneys  or  sup- 
plies ot  any  kind,  which   have  been  or  may  hereafter 
distributed,  under  any  laws  enacted  by.  this  general  as- 
sembly for  the  benetit  of  the  indigent  families  of  sol- 
Vo'uchersBsto^^^^'^'  "^"^^  ^®  numbered,  filed,  and  carefully  preserved 
indigent  families  by  tlic  judgc  of  probatc  who  shall  have  taken  or  caused 
preserved!"'  ^^  such  vouchcrs  to  bc  takcu  ;  but  it  shall  not  be  the  duty 
of  such  judge  to  cause  such  vouchers  to  be  recorded,  any 
law  to  the  contrary  notwithstanding. 

Sec.  2.    Be  it  further  enacted,  That  this  act  shall  be 

Act  to  be  pub- published  for  one  week  in  the  city  papers  of  Montgom- 

iisbed.  Qj,y^  j^j-nj  |.^Q  copies  of  each  of  said  pjipers  be  forwarded 

by  the  secretary  of  state  to  each  judge  of  probate  in 

this  state. 

Approved  December  5,  1862. 


N'o.  69.]  AN  ACT 

To  authorize  Executors,  Administrators,  Guardians  and 
Trustees  to  provide  salt  for  their  trust  estates. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
rescntatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  executors,  administrators,  guardians  and 
trustees  are  hereby  authorized  to  employ  any  slaves 
held  by  them  as  such  executors,  administrators,  guardians 
or  trustees,  at  any  of  the  saline  works  in  this  state,  for 
the  purpose  of  making  salt  for  the  use  and  benefit  of 
the  estates  or  persons  they  represent. 

Approved  November  28, 1862. 


79  1862. 

No.  70.]  AN  ACT 

To  amend  an  act  approved  November  9,  1861,  entitled 
"An  act  to  authorize  Executors,  Administrators,  Guar- 
dians and  Trustees  to  make  loans  to  the  Confederate 
States,  and  to  purchase,  and  recsive  in  payment  of 
debts  due  them,  Bonds  and  Tresurj  Notes  of  the  Con- 
federate States,  or  tlie  State  of  Ahibama,  and  cou- 
pons which  are  due  on  Bonds  of  the  Confederate 
States  and  of  said  State."  ..,»^4**^. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  m  General  Assembhj 
convened,  That  executors,  administrators,  guardians  and 
trustees  may  sell  the  crops  of  estates  committed  to  for'^^Bonds""?? 
them,  respectively,  for  the  bonds  or  treasury  notes  of ''''■'^"'"■''  ''''''^•• 
the  Confederate  States,  or  State  of  Alabama,  and  cou- 
pons which  may  be  due  on  such  bonds,  without  incur- 
ring any  personal  responsibility  by  so  doing,  and  the 
bonds,  treasury  notes  or  coupons  received  in  payment 
for  such  crops  shall  be  assets  of  the  estates  for  which 
such  crops  are  sold,  and  be  accounted  for  as  such. 

Approved  November  8, 1862. 


No.  71.]  AN  ACT 

To  authorize  Executors,  Administrators,  Guardians  and 
Trustees  to  remove  slaves  to  a  place  of  safety  in  caso 
of  invasion. 

Sec.  1.  Beit  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alahama  in  General  Assembhj 
convened,  That  executors,  administrators,  guardians  and 
trustees  be,  and  they  arc  hereby  authorized  to  remove 
slaves  in  their  charge  to  a  place  of  safety,  in  or  out  of 
the  State  of  Alabama,  whenever,  by  reason  of  an  actual 
threatened  invasion  of  the  countr}',  there  may  be  dan- 
ger of  the  escape,  or  capture  by  the  public  enemy,  of 
such  slaves. 

Approvod  XovombfT  S,  1862. 


18u2.  80 

No.  72.]  AKACT         "--  J^    -> 

To  authorize  Executors  and  Administrators  to  admin- 
ister oaths  in  certain  cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  arid  House  of  Bepre^ 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  it  ehall  be  lawful  for  executors  and  ad- 
ippM^serf^'^and^^^"^^^''^^'^'^*'^  ^o  administer  the  oath  by  law  required  to 
tommiseicnere.    bc  administered  to  appraisers  of  the  estates  they  re- 
spectively represent,  and  to  commissioners  appointed  to 
divide  the  property  of  the  estates  they  respectively  rep- 
resent; and  the  oaths  so  administered  shall  be  in  all 
respects  valid,  and  the  violation  thereof  as  punishable 
as  if  administered  by  an  officer  authorized  by  law. 
Approved  December  4,  1862. 


Ko.  78.]  AN  ACT 

To  increase  the  price  of  certain  public  lands  belonging 
to  the  State  of  Alabama. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  lands  lying  along  the  line  of  any 
wr^ption,''^'^  ^*^  rail  road  or  proposed  rail  road,  or  navigable  water  cour- 
ses in  this  state,  and  being  within  six  miles  of  the  said 
road,  shall  hereafter  be  sold  for  not  less  than  ten  dollars 
per  acre,  and  all  the  lands  along  said  roads,  over  six 
miles  and  under  fifteen  miles,  shall  hereafter  be  sold  for 
not  less  than  three  dollars  per  acre ;  and  all  the  lands 
in  this  state,  known  as  the  swamp  and  overflowed  lands, 
shall  hereafter  be  sold  lor  not  less  than  ten  dollars  per 
acre;  and  all  other  lands  in  this  state,  which  are  now 
subject  to  entry  and  arc  the  property  of  the  state,  shall 
hereafter  be  sold  for  a  sum  not  less  than  one  dollar  and 
fifty  cents  per  acre. 

Sec.  2.    Be  it  further  enacted,  That  sections  tw^enty- 

n    •    .•  ..  ,.,«.  nine,  thirty  and  thirty-one  of  the  ordinance  of  the  con- 

repealed^  vcntiou  adopted  20th  March,  1861,  "in  relation  to  the 

waste  and  unappropriated  lands  of  the  State  of  Ala- 

•  bama,'*  be  and  the  same  are  hereby  repealed :  Provided^ 

that  no  lands  now  occupied  by  any  regularly  enlisted 


81  1862. 

soldier  or  volunteer,  or  his  family  or  widow,  .to  the  ex- 
tent of  eighty  acre?,  shall  he  subject  to  entr}'',  by  others 
than  such,  under  the  provisions  of  this  act. 

Sec.  3.    Be  it  further  evaded,  Tiiat  the  iron  and  coal    Mineral  iand» 
lands  be  withdrawn  from  market  nnd  sale,  except  such^"*"''"'"'- 
amount  of  said  lands  as  will   be  necessary  to  keep  in  *^'"'^'""'"* 
operation  the  foundries  that  have  been  or  may  licreafter 
be  erected  ;  the  said   amount  and  price  thereof  to  be 
determined  by  the  governor  and   the  commissioner  of 
public  lands,   upon  satisf  ctory  proof  of  the  quantity 
of  lands  so  needed  and  the  quality  of  the  same. 

Approved  December  8,  1862. 


No.  74.]  AN  ACT 

To  consolidate  certain  Land   listricts  therein  named. 

Section  1.  Be  it  enacted  by  the  Senate  and.  House  of  Bep- 
resentatkes  of  the  State  of  Alabama,  in  General  Assembly 
convened^  That  the  land  district  now  known  and  dcsig-\vi,ai  districts 
nated  as  the  Huntsville  Jjand  District,  is  I ic pc by  a't-'^"" *"'''""«''• 
tached  to  and  made  part  of  the  Centre  Land  District, 
Ro  Qfl  to  embrace  all  the  lands  heretofore  lying  within 
both  of  said  districts  in  one  district,  to  be  <lcsignated 
QS  the  Centre  Land  District ;  and  the  governor  is  hereby  nuiyofgovcmoi 
directed  to  cause  the  books,  charts,  maps,  field  notes, 
papers,  and  other  mutiimcnts  of  title  now  in  IIni»ts- 
ville  Land  Office,  to  be  removed  to  said  Centre  j^and 
Office,  and  upon  such  removal  they  shall  bi-come  re- 
cords of  the  latter  office,  and  the  office  ol  register  luul 
receiver  of  the  Huntsville  Land  Offi<c  shall,  upon  suth 
renjoval,  be  abolished,  and  the  duties  of  s»k'Ii  office 
thereafter  be  perfoinud  by  the  register  and  rvccivcr  of 
the  Centre  Land  Office:  Prodded,  That  the  conimis- 
sionerof  public  lands,  vviih  the  concurrence  of  the  go- 
vernor, is  authorijjed  aiul  required  to  remove  the  office, 
of  the  Centre  Land  District  from  the  tovvji  of  Centre- 
to  .«uch  place,  within  said  dis'rict  as  will  be  most  con- 
venient to  the  inhabitants  of  said  distiict,  liuving  busi- 
ness with  saiii  office. 

Approved  December  9,  1862. 


1862.  82 

]^o.  75.]         •^'^'^       A^  ACT 

Fixiiiirtho  time  witliiii  Avliich  proof  of  settlement  .'ind  im- 
provement ou  public  lands  may  be  made  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resenhitkes  of  the  State  of  Alabama  in  General  Assembly 
eoncened,  That  any  person  who  was  an  occnpant  or  set- 
tler upon  an}'  public  land  of  the  United  States,  prior 

Time  extended  toll.th  J  ail  uarv,  1861 ;  or  Avho,  since  that  time,  has 
settled  and  improved  any  of  the  public  lauds  ot  the 
State:  and  who  was  entitled  to  the  riwht  of  pre-emp- 
tion according  to  the  provisions  of  section  23  of  the 
ordinance  of  March  20,  1861,  in  relation  to  waste  and 
unappropriated  lands  in  the  State  of  Alabama,  and  who 
has  not  been  able  to  make  proof  of  his  settlement  and 
improvement  thereof,  or  wdio  has  not  made  payment 
therefor,  within  the  time  limited  in  said  section,  in  con- 
sequence of  his  having  been  a  soldier  in  the  army  of 
the  Confederate  States,  shall  be  permitted  to  make  such 
proof  and  pay  for  such  land  within  six  months  after  the 
termination  of  the  present  war;  and  in  any  case  where 
such  soldier  may  have  died,  or  may  hereafter  die,  be- 
fore consummating  his  claim,  it  shall  be  competent  for 
his  executor,  or  administrator,   or  any  of  his  heirs,  to 

„  , .,  make  the  proof  and  payment  required  as  above;  and 

Forfeiture  as  to  .         ,,        ,      ^  x-    i    •  ,      ,       ,  i  .•  •    i- 

otbers.  m  all  (tther  cases  of  claimants  to  the  pre-emption  rights 

under  said  section,  but  in  which  there  has  been  a  fail- 
ure to  make  proof  a^id  payment  as  therein  prescribed, 
said  parties  are  hereby  declared  to  have  forteited  their 
pre-emption  right  to  such  lands,  and  all  such  lands 
shall  be  subject  to  entry  by  any  other  purchaser. 
Approvad  November  18,  1862. 


No.  76.]  AN  ACT 

For  the  extension  of  the  time  of  settlement  and  cultiva- 
tion of  Lands  entered  under  the  36th  section  of  the  or- 
dinance of  the  Convention  of  the  State  of  Alabama. 

Section  1.  Be  it  enacted  by  the  Se"ate  and  House  of  Rep- 
resentatices  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  time  for  making  the  settlement  and 


83  1862. 

cultivation  of  lands,  entered  in  the  several  land  offices  ,y,^g g^,^^^^ 
in  this  State,  prior  to  the  eighth  day  of  November,  1861,  toeoidiers. 
under  tlio  36th  section  of  the  ordinance  in  relation  to 
waste  and  unappropriated  lands  in  the  State,  is  hereby 
extended  to  all  soldiers  in  the  army  of  the  Confederate 
States,  or  of  the  State  of  Alabama,  six  months  after 
the  discharge  of  said  soldier,  and  to  the  family  of  any 
soldier,  who   has,  or  may  die,  in  the  service,  for  six 
months  after  the  death  of  the  soldier. 
Approved,  Dec.  8,  1862. 


No.  77.]  AN  ACT 

To  repeal  "  An  act   to  legalize  certain  entries  of  land," 
approved  December  9,  1861. 

Sec.  1 .  Be  it  enacted  by  the  ISeJiate  and  House  of  Rep- 
resentntirfi.'i  of  the  State  of  Alabama  in  General  Assemble/ 
convened,  That  an  act  entitled  "  An  act  to  legalize  cer- 
tain entries  of  lands,"  approved  December  9,  1861,  be, 
and  the  same  is  hereby  repealed  :  Provided^  That  the  pro««>. 
repeal  of  said  act  shall  not  afiect  any  entries  where  the 
lands  have  been  actually  settled  upon  and  improved  by 
the  parties  entering  the  same. 

Approved,  Dec,  9,  1862. 


No.  78.]  AN  ACT 

To  provide  just  compensation  for  the  services  of  the 
Treasurer. 

Sec.  1.  Dc  it  enacted  hij  the  Senate  and  ffouss  of  liep- 
resentalives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Irom  and  after  the  passage  of  this  act,  ^*^^r  ■»  »*w 
and  until  otherwise  provided  by  law,  the  salary  of  the 
treasurer  of  this  State  shall  be  twenty-six  hundred  dol- 
lars per  antaini. 

Approved  December  8,  1862. 


■"IT 


1862. 


Salary  at  $240  ^ 


No.  79.] 


84 

AN  ACT 


To- provide  just  corapensatioti  for  the  services  of  the 
Comptroller. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Hep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  salary  of  the  comptroller  of  this  State 
shiill  hereafter  be  twenty  fonrhundredtlollarsperannum. 

Approved  December  8,  1862. 


?alary  at  |1250 
each. 


No.  80.] 


AN  ACT 


To  provide  just  compeiiaation  for  the  secretaries  of  the 
Governor. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama,  in  General  Assembly 
convened,  That  the  salaries  of  the  secretaries  of  the 
governor,  shall  be  twelve  hundred  and  fifty  dollars,  for 
each  of  said  secretaries. 

Approved  December  9,  18.62. 


Authority. 


Salary. 


Proviso. 


No.  81.]  AN  ACT 

To  authorize  the  Secretary  of  State  to  employ  a  Clerk. 

Section.  1.  He  it  enacted  In/  the  Senate  and  House  of  Hep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  .secretary  of  state  is  hereby  author- 
ized to  employ  a  clerk  to  assist  in  the  dischari^e  of  the 
duties  of  his  office,  at  a  price  not  to  exceed  the  sum  of 
five  hundred  dollars  per  annum,  and  that  the  salary 
agreed  upon  by  the  secretary  of  state,  shall  be  paid  by 
the  treasurer  of  the  State  upon  the  Certificate  of  the 
secretary  that  such  clerk  has  been  employed,  stating 
tlie  price,  and  that  the  services  have  been  rendered: 
Provided,  That  the  clerk  employed  by  the  secretary  of 
state  shall  be  one  who  is  not  liable  to  conscription  under 
the  laws  of  the  Confederate  States. 

Approved  December  9,  1862. 


85  1862. 

No.  82.]  AN  ACT 

Te  amend  the  law  relatiiii?  to  the  printing  of  the  Re- 
ports of  Decisions  of  the  Supreme  Court. 

Skc.  1.    Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatines  of  the  S  a'e  of  Alabama  in    General  Asset/iblt/ 
convened,  That  the  judges  of  the  supreme  court  be  au- Judges  to  pre- 
thorized  to   prescribe  the   mode  and  material   of  the ''^"^™ 
biuding  of  the  supreme  court  reports. 

Approved  jSTovember  25,  1862. 


No.  83.]  AN  ACT 

To  pay  for  the  liirc  of  servants  for  the  General  Assem- 
bly during  the  extra  and  present  session. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Eep- 
resentalices  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  secretary  of  state  be  allowed  tbe 
sum  of  one  hundred  and  fifty-two  dollars,  to  pay  for  Appropriaii 
servant  hire  during  the  extra  and  present  regular  ses- 
sion of  the  general  assembly,  and  that  the  comptroller 
of  puldic  accounts  is  hereby  authorized  and  required  to 
draw  his  warrant  on  the  state  treasurer  in  favor  of  the 
secretary  of  state,  for  the  above  amount,  or  so  much 
theret->f  as  may  be  ner^essary  for  the  purpose  stated,  to 
be  paid  out  of  any  moneys  in  the  treasury  not  other- 
wise apjiropriated.  . 

A[»proved  Decewber  0,  18G2. 


No.  84.]  AN  ACT 

To  provide  for  the  re-orJ^.     zation  of  the  State  Peni- 
tentiary. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentative,  of  the  State  of  Alabama  in  General  Assembly 
convened.   That  the    organization   of  the   penitentiary 
shall  include  three  inspectors,  one  warden,  one  dfjiuty  *""''"'• 
warden,  one  physician,  one  clerk,  and  such  number  of 


1862.  86 

guards  and  overseers  as  the  warden  and  inspectors  ma}' 
from  time  to  time  deem  necessary. 

How  appoinud.  Sec.  2.  Bc  it  furthcr  enactcd^  That  the  warden  and  in- 
spectors shall  be  appointed  by  the  governor,  with  the 
consent  of  the  senate,  and  shall  hold  their  offices  for 
the  space  of  four  years  and  until  their  successors  are 
appointed  and  qualified. 

Sec.  3.  Be  it  further  enacted,  That  the  physician  shall 

^^'^d. ''**''  be  appointed  by  the  warden  and  inspectors,  and  com- 
missioned to  hold  his  office  during  the  pleasure  of  said, 
board  of  appointment. 

Sec.  4.  Beit  farther  enacted.  That  the  deputy  warden, 
clerk,  and  all  subordinate  officers  of  the  penitentiary, 
shall  be  appointed  by  the  warden,  by  and  with  the  ap- 
proval of  the  inspectors,  and 'shall  hold  their  offices  du- 
ring the  pleasure  of  the  warden  :  Provided,  that  none 
of  said  offices,  except  that  of  sergeant  of  the  guard, 
shall  be  tilled  by  persons  subjef^t  to  conscription,  under 
the  acts  of  the  congress  of  the  Confederate  States, 

Warden  to  report  ^^^'  ^-  "^^^^  ^^  ^^  further  cimctcd,  That  the  warden 
shall  report  immediately  to  the  inspectors  all  appoint- 
ments of  officers  which  he  shall  make;  he  shall  from 
from  time  to  time  propose  in  writing  to  the  inspectors 
such  alterations  as  he  may  think  advisable  in  the  rules 
and  regulations  for  the  direction  of  the  officers  and  for 
the  government  of  the  penitentiary. 

Salaries.  Sec.  6.  Bc  it  farther  cnactcd,  That  the  officers  of  the 

penitentiary  shall  receive  the  following  salaries,  to-vvit: 
Warden,  thirty-seven  hundred  and  fifty  dollars;  the 
deputy  warden  one  thousand  dollars;  physician,  five 
hundred  dollars  ;  the  clerk,  one  thousand  dollars  a  year, 
all  of  which  sums  shall  be  paid  by  the  warden  in  month- 
ly or  quarterly  payments  out  of  the  treasury  of  the  pen- 
itentiary, and  shall  be  in  full  for  all  services,  and  no 
other  perquisite,  reward  or  emoluments  shall  be  allow- 
ed or  received  by  any  of  them. 

Pay  or  Inspect-      Sec.  7.    Bc  it  furthcr  enacted,  That  the  pay  of  the  in- 

**"■  spectors  shall  be  two  hundred  dollars  per  annum,  and 

no  mileage  shall  be  allowed  to  any  inspector  for  travel- 
ing to  and  from  the  penitentiary. 

Sec.  8.    Be  it  fuither  enacted,    That  there  shall  be 

roDsLteof.^"*"^^  maintained  at  the  penitentiary  a  guazd,  to  be  em{)Ioyed 
by  the  wardens  thereof,  to  consist  of  one  sergeant  and 
as  many  guards  as  the  warden  and  inspectors  may  deem 
necessary  ;  the  guard  shall  be  furnished  from  the  arse- 


87  1862. 

nal  of  tli's'  state,  with  sufficient  arms  and  accoutre- 
ments, ami  shall  be  subject  to  the  command  and  direc- 
tion of  the  warden  of  the  penitentiary,  wl»o  may  dis- 
miss at  pleasure  any  of  them  ;  the  sergeant  shall  re- 
ceive not  exceeding  six  hundred  dollars  per  annum,  and 
each  of  the  guards  such  pay  as  the  warden  may  think 
his  service  worth,  not  exceeding  three  hundred  and 
sixt}^  dollars  per  annum,  besides  rations  to  be  establish- 
ed by  the  hoard  of  inspectors. 

Sec.  9.  Be  it  further  enacted,  That  the  warden,  dep-Nopcrqu^itesj.r 
uty  warden,  clerk  and  physician,  shall,  support  them- 
selves from  their  own  resources,  and  shall   not  receive 
any  emoluments  or  perquisites  for  their  services  other 
than  the  compensation  provided  in  thi"s  act. 

Sec.  10.  Be  it  further  enacted,  That  all  officers  shall, 
before  they  enter  upon  the  duties  of  their  resjieetive 
offices  and  appointments,  take  and  subscribe  before 
some  justice  of  the  peace  or  other  officer  authorized  to 

administer  oaths,  the  following  oath:     I, ,   do  o«th. 

solemnly  swear,  (or  affirm)  that  I  will  support  the  con- 
stitution of  the  Confederate  States,  and  tlie  constitution 
of  the  State  of  Alabama,  so  long  as  I  remain  a  citizen 
thereof,  and  that  I  will  faithfully  execute  and  discharge 

the  duties  required  of  me  as of  the  Alabama 

penitentiary,  and  will  execute  the  laws,  rules  and  legu- 
lations  prescribed  for  the  government  of  said  institu- 
tion, so  far  as  concerns  m}'  office,  and  that  1  will  in  no 
case  ill-treat  or  abuse  an}^  convict  under  my  charge,  or 
punish  him  beyond  the  pujiishment  ordered  by  law  and 
and  the  rules  and  regulations  of  this  institution,  so  help 
me  God." 

Sec.  11.  And  be  it  further  enacted.  That  the  board  of  s^wdi"  eijo*"* 
inspectors  shall,  from  time  to  time,  choose  one  of  their  *'"^*'"'*" " 
nunil)er  to  be  their  president,  who  shall  preside  at  their 
regular  meetings,  and  whenever  in  his  opinion  the  exi- 
gency requires  it,    he    shall   convene  the  board  ;  they 
shall  cause  the  clerk  of  the  [lenitentiiuy  to  keep  a  reg- 
ular-minute of  tlieir  meetings  and  proceedings,   which  **'""'*""■ 
shall  be  signed  by  them  and  preserved  in  the  peniten- 
tiary. 

Sec.  12.  Be  it  further  enacted,  That  the  board  of  in- i:iii<-«»nd  regu- 
spectors  shall,  Irom   time  to  time,  establish  rules  and  uoruhVa"*'*''^" 
regulations  consistent   with  the   laws  of  the  state,  foi' 
the  direction  of  tiie   officers   of  the  [lenitentiary  in  the 
ditscharge  of  their  duties,  for  the  government,  employ- 


1862.  88 

ment  and  discipline  of  the  convicts,  and  for  the  custody 
and  preservation  of  the  pul)lic  property  ;  and  as  soon  as 
ma>'  he  after  the  estahlishniont  of  nny  such   rules  and 
regulations  hj'  the  inspectors,  they  shall  cause  authen- 
tic copies  thereof  to  he  laid  hefore  the  governor,  "who 
may  approve,  annul,  or  modify  the  same,  and   the  in- 
spectors shall  cause  a  copy  of  all  such  rules  and  regula- 
tions as  shall  have  heen   ap|)rovcd   by  tJie  governor,  to 
be  certitied  as  soon  as  may  be  by  the  clerk  of  the  peni- 
tentiary, and  delivered  to  the  warden. 
Boud  to  visit,        Sec,  13.  Be  it  furiher  enacted,  That  the  inspectors,  or 
how  often.        Qj-jy  Q^  them,  shall  visit  the  penitentiary  at  least  once  a 
week,   and  it  shall  be  visited   by  the    board  of  inspec- 
tors once  a  month,  and  oftener,  if  they  shall  think  it 
necessary,  for  the  purpose  of  inspecting  the  books  and 
all  the  concerns  of  the  prison,  and  ascertaining  wheth- 
er the  laws  and  the  rules  and  regulations  relating  to  the 
prison  are  duly  observed,  and  whether  the  officers  are 
C()n)petent  and  faithful  and  the  convicts  aVe  properly 
Duly  of  clerk,    govemcd  and  employ cd  ;  and  it  shall   be  the  duty   of 
the  clerk  of  the  penitentiary  to  note  the  foilure  of  any 
inspector  to  attend  the  regular   monthly  meetings  of 
the  board  of  inspectors,  and  if  ;iny  inspector  shall   fail 
to  attend  at  three  successive  monthly   meetings  of  the 
board,  (unless  such  failure  shall   he  caused  by  his  sick- 
ness,) his  office  shall   be  considered  as  vacated,  and  it 
shall  be  the  duty  of   the  clerk  of   the   penitentiary  to 
notify  the  governor  thereof,  and  the  governor  shall  fill 
said  vacancy  by  appointing  some  other  person,  who  shall 
hold  his  term  for  the  unexpired  terra  of  his  predeces- 
sor. 
Violation  to  be        ^^'C-  l-l-     Be  U  further  enacted,  That  the  inspectors 
reported  to  go-   shall  rcport^to  the  governor  forthwith  all  violations  of 
law  and  omissions  of  duty  by  the  warden  that  shall 
come  to  their  knowledge,  and  every  officer  who  holds 
his  place  at  the  pleasure  of   the  inspectors,  who  shall 
be  found  unfaithful  or  incompetent,  shall  be  forthwith 
removed. 
Annual  report tG      ^EC.  15.  Be  U  further  enactcd.  That  the  inspectors  of 
be  made.  the  penitentiary  shall,  on  the  first  day   of  October  in 

each  year,  transmit  to  the  governor  a  report  exhibiting 
a  complete  and  comprehensive  view  of  the  transactions 
of  the  penitentiary  during  tl^e  preceding  year,  of  the 
number  of  convicts  con  lined  therein,  the  offence  for 
which  committed,  and  the  respective  periods  of  impris- 


89  1862. 

onnient,  thoir  ages,  sizes,  previous  occupation,  profes- 
sion or  employment,  and  wiiere  born  ;  the  report  slidll 
also  state  the  number  of  convicts  who  have  been  par- 
doned, discharged,  and  died  during  the  j-ear,  stating  the 
dale  of  tlieir  conviction  and  of  their  pardon  or  death, 
the  period  of  time  for  which  tlicy  were  sentenced,  the 
comities  in  which  tliey  were  convicted,  their  age,  sex 
and  color,  the  deportment  of  each  convict  while  in  the 
penitentiary,  and  in  case  of  death,  tlie  particular  dis- 
ease of  which  the  convict  was  supposed  to  have  died. 

Sec.  16.  Beit  further  enacted,  That  the  inspectors  of  convicts  may  be 
the  penitentiary  may  remove  the  convicts  thereiti  tOofTpidemk.*'"* 
such  place  or  phices  of  security  within  the  state  as  they 
may  deem  expedient,  if  in  their  opinion  the  prevalence 
of  any  epidemic,  infectious  or  contagious  disease,  or 
other  urgent  occasion,  shall  render  such  a  measure  ne- 
cessary and  })roper. 

Sec.  17.  Be  it  further  enacted.  That  the  penitentiary  Governor toTisit 
shall  be  visited  by   the  governor  annually,  or  as  mucii  """"^ '®'"'' 
oftener  as  his  excellency  may  think  proper,  for  the  pur- 
pose of  examining  its  conditic)n. 

Si:c.  18.  Be  it  further  enacted,  That  before  the  warden  warden's  bond, 
enters  upon  the  duties  of  his  office  ho  shall  fjive  bond 
to  <:he  state  in  the  sum  of  fifty  thousand  dollars,  with 
sufficient  sureties,  to  be  approved  by  the  governor,  with 
condition  that  he  shall  account  for  all  monies  |)laced  in 
or  otherwise  coming  into  his  .hands  as  treasurer,  and 
perform  all  the  duties  incumbent  on  him  as  warden  of 
the  penitentiar}',  and  such  bond  shall  be  filed  in  the  of- 
fice of  the  secretary  of  state,  and  may  from  time  to  time 
be  put  in  suit  by  tlie  governor  against  any  one  or  more 
of  the  obligors,  and  shall  not  become  void  on  its  first  re- 
covery nor  until  the  whole  penalty  shall  be  exhausted. 

Sec.  19.  Bis  it  further  enacted,  That  the  officers  of  the 
penitentiary  shall  reside  constantly  within  the  precincts  whereofflcersto 
of  the  penitentiary,  and  the  warden  and  dojiuty  warden  '"'■'''''''• 
shall  not  both  be  absent  therefrom  at  the  same  time, 
and  neither  the  warden  nor  any  person  appointed  by 
him,  shall,  during  the  time  of  his  office,  be  employed 
or  engaged  in  any  business  for  private  cmolumei.t,  not 
pertaining  to  his  office:  Provided,  that  it  shall  be  law- 
ful for  the  warden  or  dt']iuty  ward':;n  to  engage  in  agri- 
cultural pursuits,  to  sucli  an  extent  as  to  interfere  with 
his  [»ubli(!  duties. 

Sec.  20.    Be  itfurtJier  enacted.  That  the  warden  ehull 


1862.  90' 


have  the  chars^e  and  custody  of  tlie  penitentiary,  with 
J^*Jg|°'°''*^*the  hinds,  buildings,  tuniiture,  tools,  implements,  stock, 
provisions,  and  every  other  species  of  property-  within 
the  precincts  thereof,  or  appertaining  thereto  ;  ha  sljall 
be  treasurer  of  the  penitentiary,  and  shall  receive  and 
pay  out  all   money  granted  by  the  legislature,  (if  any) 
and  by  the  receipts  for  labor  of  the  prisoners  and  for 
the  support  thereof,  and  shall  cause  to  be  kept  ni   suit- 
able books  regular  and  complete  accounts  of  all    the 
propert3%  expenses,  income,  business,  and   concerns  of 
the  establishment,  and  all  the  book:i  and  documents  re- 
lating to  the  concerns  of  Ihe  penitentiary  shall  at  all 
times  be  open  to  the  inspectors,  who  shall  semi-annual- 
1}%  or  oftener  if  they  think  necessary,   carefully  exam- 
ine the  said  books  and  compare  them  with  the    vouch- 
ers and  documents  relating  thereto. 
Warden  to  ex-      Sec.  21.  Be  U  further  enacted^  That  it   shall    be  the 
ally.      (]Qt,y  of  the  warden   to  examine  daily  into  the  state  of 
the  penitentiar}',  and  the  health,  conduct  and  safe-keep- 
ing of  the  convicts  ;  to  use  every  proper  means  to  fur- 
nish  them  witli  employment ;   to  superintend    all    the 
manufacturing  and  mechanical  business  of  the  peniten- 
tiary ;  to  receive  the  articles  so  manufactured,   and  to 
sell  and  dispose  of  the  same  for  the  benefit  of  the  state. 
Ariiciee  to  be       Sec.  22:    B 6  it  farther  enactcd ^  That  it  shall   be  the 
Mid  for  cash.     ^^^^^  ^^  jj^^  wardeu  to  dispose  of  all  the  manufactured 
articles,  and  evertliing  sold  for  cash. 
..     ..^      Sec.  23.  Be  it  farther  enacted.  That  all  moneys  that 

Deposits  with  /•■.  \       f  •  1  £•        •  -I 

State  Treasurer,  may  accruc,  (it  any)   atter  paying  the  expenses  ot  said 

institution,  shall  be  deposited  monthly  or  quarterly  in 

the  state  treasury,  as  the  penitentiary  fund,  and  may  be 

disposed  of  as  hereafter  niaj^  be  ordered. 

Warden  to  have      ^'^^-  2^.  Be  it  farther  enacted,  That  the  warden  shall, 

made  out  full 'c- on   thc  fii'st  dav  of  Octobcr  in   each  year,  cause  to  be 

COUDtB  ftllQlL&llV  V  ' 

'  made  full  and  detailed  accounts  of  all  the  disbursements 
and   expenses,  and  all  the  receipts  and  profits,  stock, 
,         and  material  on  hand,  ot  the  prison,  accompanied  by 
sufficient  vouchers,  to  the  inspectors  of  the  peniten- 
tiary, 
rurther  duty  of     Sec.  25.    Be  it  farther  enacted,  That  the  deputy  war- 
otherofficers.     j^^^^  ^jj^|  ^|j   ^^j^^^,  subordinate  officers,  shall  perform 

such  duties  in  the  charge  and  oversight  of  the  peniten- 
tiarj^,  the  care  of  the  property  thereto  belonging,  and 
the  custody,  government,  employment  and  discipline 
of  the  convicts  as  shall  be  required  of  them  by  the  war- 


91  1862. 

den,  in  conformity  to  law  and  the  rules  and  rcgnlatioas 
of  the  ]>enitcntiary. 

Sec.  20.  Be  i( further  enacted.  That  whenever  the  office  when  oep.  war- 
of  warden  sliall  be  vacant,  by  deatli,  resignation,  or  ^vardTn?  *''*  " 
otherwise,  the  deputy  warden  shall  have  all  the  powers 
and  perform  all  the  duties,  and  receive  the  same  salar}' 
ot  the  warden,  until  one  shall  be  appointed  and  quali- 
fied;  and  such  deputy,  in  such  event,  shall  be  subject 
to  all  the  obligations  and  liabilities  imposed  by  law  on 
the  warden.  JSTo  deputy  warden  shall  enter  upon  the 
duties  of  his  office  until  he  shall  enter  into  bond,  with 
sufficient  securities,  to  be  approved  by  the  board  of  in- 
spectors, in  the  sum  of  twenty  thousand  dollars,  condi- 
tioned to  perform  all  the  duties  of  deputy  warden,  and 
faithfully  account  for  all  money  or  eti'ects  which  shall 
come  into  his  hands  in  the  event  of  a  vacancy  in  the 
oflice  of  warden,  by  the  death  or  resignation  of  the 
warden,  or  otherwise,  during  the  continuance  of  such 
deputy  warden  in  office. 

fc?EC.  27.  Be  it  further  enarfcd,  That  the  physician  shall  duuos  of  the 
visit  the  hospital  of  the  penitentiary  at  least  every  other  ^''^"'''*°' 
day,  and  as  much  oftener  as  necessary,  prescribe  for 
convicts  that  ma}-  be  sick,  and  attend  to  the  regimen, 
clothing  and  cleajiliness  of  such  of  them  as  are  in  the 
hospital.  He  shall  keep  a  regular  journal,  which  shall 
remain  at  the  penitentiary,  of  all  admissions  into  the 
hos[)ital,  stating  the  time,  the  nature  of  the  disease, 
with  his  prescriptions,  and  the  treatment  of  each  pa- 
tient, atid  the  time  of  his  discharge  from  the  hospital, 
or  his  death;  the  said  journal  shall  also  contain  regular 
entries  of  all  orders  that  shall  be  given  for  supplies 
for  the  hospital  department,  specifying  the  articles 
ordered.  All  such  orders  shall  be  in  writing,  and  the 
warden  shall  provide  the  supplies  so  ordered  under  the 
direction  of  the  inspectors. 

Sec.  28.  Be  it  further  enacted.  That  it  shall  be  the  (bity  Further  duue*  or 
of  the  physician  of  the  penitentiary  to  keep  a  register  ^''•'"'''*°- 
of  all  tliG  convicts  under  his  charge,  stating  the  disease 
with  which  they  are  afllictcd,  and  the  srate  of  their 
health  on  entering  and  leaving  the  hospital,  and  the 
cause  of  disease,  when  the  same  can  be  ascertained,  and 
also  a  register  of  all  infirm  convicts,  stating  their  names, 
ages,  place  of  birth,  and  the  particular  infirmity  of  each ; 
and  such  register  shall  ren)ain  in  the  hospital  open  to 
inspection. 


1862.  92 

Sec.  29.  Be  it  further  enacted.  That  whenever  aiiycon- 
sick convicts.     ^,j^,|.  gij^U  coniplaiii  of  such   illness  as  requires   niedical 
aid,  if,  in  the  opinion  of  the  physician,  the  illness  is 
such  as  requires  his  removal  to  the  hospital,  the  warden 
shall  order  such  removal,  and  the  convict  shall  remain 
in  the  hospital  until  the  physician  shall  determine  that 
he  may  leave  it  without  injury  to  his  health. 
As  to  insane  con-      Skc.  30.     Be  U  farther  enacted,    Th"at  whenever   the 
victs.  physician  of  the  penitentiary  shall  report  to  the  warden 

that  any  convict  is  insane,  it  shall  be  the  duty  of  the 
warden  to  cause  such  insane  convict  to  be  removed  to 
the  hospital,  or  such  other  place  as  to  secure  his  safe 
keeping  and  proper  care  in  the  penitentiary  until  re- 
moved. 
Insane  convicts  ^EC.  31.  Bc  U  farther  macted.  That  the  physician  of 
toberepoted  to  the  penitentiary  shall  report  to  the  sjovernor  the  names 

the  governor.  n     \\      ■<        •  •  i  i  c 

of  all  the  insane  convicts  that  are  now,  or  may  hereafter 
be  imprisoned  in  the  penitentiary,  as  often  as  such  cases 
shall  occur. 

Sec.  32.    Be  it  further  enacted.  That  all  persons  hold- 

Kxetpption  from  .  „  •.'  .    •        ^i  -^       J-"  i      n     i 

niuitiaduty.  ing  omcc  or  appointment  m  the  penitentiary  shall  be 
exempted,  during  their  continuance  in  office,  from  serv- 
ing on  juries,  from  militia  duty,  and  from  working  on 
public  roads,  and  their  testimony  shall  be  taken  in  civil 
suits  by  deposition,  as  provided  by  law  for  other  pur- 
poses. 
Contracts  to  be  ^EC.  33.  Bc  U  furthcT  cnactcd.  That  tlie  principal  ar- 
made  for  certain  tides  pui'chased  for  the  use  of  the  penitentiary,  such  as 
provisions  and  fuel,  together  with  their  transportation, 
shall  be  contracted  for  by  the  year,  when  such  contracts 
can  be  advantageously  made,  and  the  warden  shall  give 
previous  public  notice,  in  two  newspapers  at  least  in 
this  state,  of  the  articles  wanted,  the  quantity,  quality 
thereof,  the  time  and  manner  of  delivery,  and  the  pe- 
riod during  which  proposals  therefor  will  be  received  ; 
and  such  notice  shall  be  published  a  sufficient  length  of 
time  for  the  information  of  persons  who  may  probably 
be  desirous  to  oli'ur  proposals  for  such  contracts. 
ab  to  proposals.  ^^'^'  ^'^-  -^^'^^  further  enacted,  That  all  such  proposals 
shall  bo  in  writing,  and  sealed  up,  and  on  the  day  ap- 
pointed they  shall  be  opened  by  the  warden  in  the  pres- 
ence of  the  inspectors  and  compared,  and  the  person 
olfering  the  best  terms,  with  satisfactory  security  for 
the  performance  of  the  same,  shall  be  entitled  to  the 
contract,  unless  it  shall  appear  to  the  warden  and  in 


08  1862. 

spectoi's  that  none  of  the  offers  are  as  low  as  the  market 
price;  in  tliat  case,  no  offer  shall  be  acccjjtcd,  and  the 
warden,  with  the  consent  of  the  inspectc^rs,  may  adver- 
tise again,  as  before,  or  he  may  proceed  to  make  con- 
tracts for  any  of  the  articles  wanted  for  the  penitentiary, 
in  the  best  wa}'  he  can,  for  the  interest  of  the  state, 
without  farther  notice. 

Sec.  35.  Be  it  further  enacted,  Tiiat  every  such  con-  contractor  to 
tractor  shall  give  bond  in  a  reasonable  sum,  with  satis- 
factory surety,  or  sureties,  for  the  performance  of  his 
contrajt,  and  no  officer  of  the  penitentiary  shall  be  con- 
cerned or  interested,  directly  or  indirectly,  in  any  con- 
tract, purchase  or  sale  made  for,  or  on  account  of,  the 
the  pen i tent iar3\ 

Sec.  '^'o.    Be  it  further  enacted,  That  all  contracts  on  commctB  to  be 
account  of  the  penitentiary  shall  he  made  by  the  war- ''*^"^'"^* 
den,  shall  be  in  writing,  and  when  approved  in  writing 
by  the  inspectors,  shall  be  binding  in  law,  and  the  war- 
den, or  his  successor  may  sue  thereon  to  final  judgment 
and   execution.     No  suit  shall   abate  by  reason  of  the  no  suit  to  abate, 
office  of  warden  becoming  vacant,  but  any  successor  of  *'■ 
the  warden,  pending  such  suit,  may  take  upon  himself 
the  prosecution   thereof,  and,  upon   motion  of  the  ad- 
verse party,  he  shall  be  required  so  to  do,  or  submit  to 
a  non-suit. 

Sec.  37.    Be  it  further  enacted,  That  it  shall  be  the  purchaee  of  raw 
duty  of  the  warden  of  the  penitentiary,  under  the  di- '°"'^'^'''''- 
rection  of  the  inspectors,  to  purchase  and  [tay  for,  out 
of  any  funds  in  the^treasury,  such  raw  material  as  may 
be  necessary  to  be  m»nufactured  and  used  by  the  con- 
victs. 

Sec.  38.     Be  it  further  enacted,    That  the  necessary  Mcdicinw.&c. 
medicines  and  other  hosjiital  stores,  for  the  use  of  the 
penitentiary,  shall   be   purchased  from  time  to  time,  as 
may  be  requisite,  by  the  wanlen,  with  the  advice  of  the 
phy.'^ician,  and  under  the  di-rection  of  the  inspectors. 

Sec.  3l>.  Be  ii  further  enacted,  That  all  books  ot  ac- nook«of»crntint 
counts,  registers,  returns,  and  other  documents,  and  **;;;,[;"''"'"''''"■ 
papers  relating  to  the  aflairs  of  the  penitentiary,  shall 
be  considered  as  public  documents,  and  remain  therein, 
and  the  warden  shall  cause  to  be  preserved  official  cop- 
ies of  his  correspondence  with  the  governor,  inspectors, 
or  other  public  officers,  and  of  any  official  communica- 
tion he  may  have  received  from  them. 

Siic.  40.    Be  it  further  enacted.  That  the  removal  of 


1862.  94 

,  ,    .   prisoners  to  the  penitentiary  shall  be  as  laid  down  in 

Removal  of  pris- r  .  r  nr^^n    ^       cr\ii 

onergasincode.  the  codc,  in  SGctions  3920  to  3'J4l,  exceptincj  section 
with  exception,  gg^^^^  ^^.^^^^.^  -j.  ^^^^^  ^^Uuitcd  States,"  shall  be^"Confed. 

erate  States." 

Sec.  41.   Be  it  further  enacted.  That  the  police  of  the 

PoUee  and  pnn-  .  .  i  *^  •    i  V  ^    •  ^     i 

ishmont.  penitentiary  and  punishment  or  escapes,  as  laid  down 

in  the  code,  from  sections  3942  to  3977,  shall  remain  in 
force,  excepting  section  3070,  where  it  reads  "on  con- 
viction, be  punished  by  solitaiy  confinement  in  the  pen- 
itentiary not  exceeding  two  j'ears,  at  such  intervals  as 
the  court  may  direct,"  to  read  "on  conviction,  the  pen- 
alty shall  be  death";  also  in  sections  3972  and  3973, 
■where  it  reads  "United  States"  to  read  "Confederate 
States." 
BepeaViDg  sec-  Sec.  42.  Be  it  fiirtlicr  enacted,  That  all  laws  and  parts 
''°°'  of  laws  contravening  the  provisions  of  this  act  be,  and 

the  same  are  hereb}^  repealed. 
Approved  December  5,  1862. 


No.  85.]  AN  ACT 

Supplemental  to  "An  act  reorganizing  the  State  Peni- 
tentiary," approved  5th  December,  1862. 

Sue.  1.    Be  it  enacted  hy  the  Senate  and  House  of  Hepre- 

sentatives  of  the  State  of  Alabama  in    General  Assembly 

convened,  That  if,  from  any  cause,  the  fund  deposited  in 

If  pcniteniiary  the  State  trcasury,  under  the  twelity-third  section  of  an 

ed^lbe Gomnor  act  entitled  "an  act  to  provide  for  the  reorganization  of 

mnydrawhisor.  ^i^Q  penitentiary,"  and  approved  5th  December,  1862, 

or  any  portion  of  the  same,  shall,  in  the  opinion  of  the 

governor,  be  required   to  carry  on  the  penitentiary,  he 

may,  by  liis  order  in  writing,  specifying  the  object  and 

the  amount  required,  direct  the  comptroller  to  draw  his 

warrant  on  the  state  treasurer,  payable  out  of  said  fund, 

for  the  amount  so  directed. 

Approved  December  9,  1862. 


95  1862. 

No.  86.]    •         •  '        AN  ACT 

la  relation  to  homicide  committed  by  convicts  in  the 
penitentiary  for  life. 

Sec.  1.  Be  it  e7iacfcd  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assemhlij 
covvnied^  Thsit  any  convict,  sentenced  to  imprit'ornent  Death  penaitf. 
for  lite  in  the  penitentiary  of  this  state,  who  afterwards 
commits  murder  in  the  first  degree,  while  such  sentence 
remains  against  him,  on  conviction,  shall  suffer  death. 

Sec.  2.  Be  it  fartJw  enacted.  That  on  the  trial  in  such  Astouiai, 
cases,  a  copy  of  the  transcript  of  the  conviction  and 
sentence  of  the  convict,  tiled  with  the  warden  or  lessee 
of  the  peniter)tiary  upon  the  delivery  of  such  convict 
therein,  shall  bo  recfcived  as  evidence  of  the  sentence 
in  the  penitentiary  for  life:  Provided,  said  copy  is  cer- 
tified, under  the  hand  and  seal  of  the  warden  or  lessee. 

Approved  November  20, 1862. 


No.  87.]  AN  ACT 

In  relation  to  the  transfer  of  insane  convicts  from  the 
Penitentiary  to  the  Hospital  for  insane  persons. 

Sec.  1.  lie  it  enacted  by  the  Senate  and  House  of  Bepre- 
scntatircs  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  hereafter  it  shall  be  the  duty  of  the  clerk  Duuof  derk  of 
of  the  court,  in  any  count}'  where  any  person  may  be*"""* 
convicted  of  a  felony,  and  sentenced  to  imprisonment 
in  the  penitentiary,  to  forward  to  the  lessee,  or  other 
person  havine;  the  penitentiary  in  charge,  a  certificate, 
showing  the  county  in  which  the  cotivict  resided  at  the 
time  of  the  commission  of  the  oftense  for  which  he  vi'as 
committed,  and  if  such  convict  had  no  known  place  of 
residence,  then  the  certificate  must  state  that  fact. 

Sec.  2.  Be  it  farihrr  enacted,  That  when  any  insane  Kxpense.. bow 
convict  in  the  penitentiary  shall  be  sent  to  the  hospital  '"'''• 
for  insane  persons,  under  the  provisions  of  "a»i  act  to 
amend  the  fourteenth  section  of  an  act  to  establish  a 
hoHpiial  tor  insane  persons  in  Alabama,"  approved  De- 
cemlter  4th,  1861,  the  expenses  shall  be  paid  as  therein 
provided,  upon  the  certificate  of  the  lessee,  or  other 


1862.  96 

person  having  the  penitentiary  in  charge,  that  the  in- 
sane convict  is  in  indigent  circumstances,  and  has  no 
known  place  of  residence. 
Approved  November  26, 1862. 


No.  88.]  AN  ACT 

To  repeal  an  act  entitled  "An  act  for  the  relief  of  in- 
sane convicts  in  the  Penitentiaiy. 

Sec.  1»  Be  it  enacted  by  the  Senate  and  iJouse  of  Repre- 
senia.iices  of  the  State  of  Alabama  in  (xneral  Assembly 
convened.  That  an  act  entitled  "an  act  for  the  relief  of 

act.  insane  convicts  in  the  penitentiary,    approved  Decern 

ber  9th,  1861,  be  and  the  satne  is  hereby  repealed,  ex- 
cept as  to  convicts  who  were  sentenced  to  confinement 

Exception.  in  the  penitentiary  for  a  period  longer  than  life  time, 
and  whose  general  deportment  in  the  penitentiary  has 
been  good,  and  whose  general  character  was  good  be- 
fore the}'  were  sent  to  the  penitentiary,  and  who  were 
not  sent  there  tor  rape.  And  the  same  compensation 
shall  be  allowed  for  guarding  any  insane  convicts  to  and 
from  the  insane  hospital,  as  is  now  allowed  to  sheriffs 
and,  guards  for  carrying  prisoners  to  the  penitentiary, 
to  be  paid  b}'  the  state. 

Approved  November  29, 1862. 


Repeal  of  former 


No.  89.]  AN  ACT 

To  provide  for  the  discovery  of  Lead  in  Alabama. 

Sec.  1.  Bt  it  enacted  hy  the  Senate  and  Souse  of  Bcp^ 

resentatives  of  the  State  of  Alabama  in  General  Assembly 

Governor  to  „p.  convcned,  Tnat  the  governor  is  authorized  to  appoint  a 

point  a  compe"  compctont  pei'son  to  cxamine  in  the  proper  localities  for 

tent  person.         .  i  •    ^  i?  i        i  ■>    .  /        -i  • 

the  existence  of  lead  ore,  and  to  use  for  this  purpose 
the  necessary  implements  in  the.possession  of  the  State, 
or  of  the  University. 

Sec.  2.  Be  it  further  enacted,  That  the  person  so  ap- 

Bc?ectaB8?Bta*^tB!  pointed  may  select  such  necessary  assistants  as  may  bo 

authorized  by  the  governor,  and  the  governor  shall  pay 


97  '     1862. 

the  expense  of  sucli  survey  and  examination  out  of  the 
contMirrent  fniid. 

Approved  December  2,  1862, 


No.  GO.]  AN  ACT 

To  repeal  in  part  An  act  to  re4i:nliite  the  agencies  of  In- 
surance Conipanios,  not  ittcorpoi-Mted  hy  the  State 
of  AlabafHii,  approved  February  24,  1860,  so  far  a.sit 
relates  to  Life  Insurance  Companies,  incoi'poratcd  by 
any  of  the  Confederate  States,  which  do  not  take 
fire,  river,  or  marine  risks. 

Sec.  1.  Be  it  enaded  hy  the  Senate  and  Home  of  Hep- 
reseiitatives  of  the  SfoJe  of  Alabama  in  General  As.sembly 
convened^  That  the  al)ove  Jeeited  ai-t  be,  and  is  hereby 
repealed,  so  far  .as  it  relates  to,  and  affects,  life  insur- 
Bnce  companies,  incorporated  by  any  of  the  Confederate, 
States,  which  do  n()t  take  tire,  river,  or  marine  risks: 
Provided,  however^  That  the  tux  required  by  said  act,  to 
be  paid  by  life  insurance  coni|taiiies,  or  their  agents, 
shall  continue  t(»  be  paid  as  provided  by  said  act.^ 

A[tprovcd  November  28,  1802. 


No.  91.]  AN  ACT 

In  relation  to  the  Distribution  <.f  the  Educational  Fund 
for  1802. 

Skc.  1.  Be  it  civictcd  hy  the  Setmk  ar>d  House  of  Rep- 
rese^datkes  of  the  St" te  of  Ahd>nma  m  General  A's.<^emU>/^JZ'C''^'''''" 
conrrned,  Tlmt  the  superintendent  ofedncation  is  bereby 
authorized  in  declaring  a  divi(b;nd  of  the  edu.-ational 
fund  for  1862,  to  allow  to  counties,  from  which  rettirns 
have  n(tt  been  made,  in  coti'?c(pU'nco  of  their  occupa- 
tion by  the  public  enemy,  a  proportion  of  such  iuud, 
basing  his  allowanre  upon  the  returns  of  1861,  of  tlie 
county  superintendents. 

Approved  November  26,  1862. 


1862.  98 

Ko.  92.]  '"^^  '  ANACT  > 

To  amend  Chapter  1,  title  13,  part  the  1st  of  the  Code 
of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  mid  House  of  Hejyre- 
conferred"' on    se7itatives  of  the  State   of  Alabama  i?i    General  As8e?nbly 
courts  couQty    cojivencd,  That  all  the  power  and  authority  conferred 
on  the  corporate  authorities  of  the  towns  in  this  State, 
respecting  establishing  hospitals  for  persona  infected 
with  contagious  diseases,  and  quarantine  in  chapter  1, 
title  13,  part  the   Ist  of  the  Code,  be  and  the  same  is 
hereby  conferred  on  the  courts  of  county  commission- 
ers, and  said  courts  are  hereby  authorized  to  establish 
such  hospitals  and  make  such  rules  and  regulations  as 
may  in  their  opinion  be  necessary  to  prevent  the  spread 
of  any  contagious  and  infectious  diseases,  and  appoint 
such  guards  and  superintendents  as  may  be  necessary 
to  eflect  the  object  contemplated  by  this  act. 
Approved  x'Tovcmbcr  14,  1862. 


J^o.  93.]  AN  ACT 

To  suspend  sections  40  and  il  of  the  Code,  so  far  as 

they  applv  to  the  called   session  of  the  General  As- 
sembly of  1862. 

^EC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  G-eneral  Assembly 
convened,  That  sections  40  and  41  of  the  Code,  so  far  as 
they  apply  to  the  called  scasiou  of  the  general  assem- 
bly of  1862,  be  and  the  same  are  hereby  suspended  ; 
and  that  the  duties  required  to  be  performed  by  said 
sections  shall  be  required  to  be  performed  within  ten 
days  after  the  end  ol  the  next  regular  session. 

Approved  November  8,  1862. 


M  1862. 

No.  94.]  AK  ACT 

To  amend  section  88  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre-  p^^  ^^  ^^^^^i^ 
sentativcs  of  (he  State  of  Alabama,  in   General  Assembly  puimc   priniin;: 
convened.  That  section  88  of  the  Code  be  so  amended '°*^'^*^"*  ' 
as  to  make  the  price  for  each  page  of  the  acts  and  joint 
resohitions,  and  binding  the  requisite  number  included, 
four  doHars  and  eighty-tive  cents  ;  for  each  page  of  the 
journals  and  revenue  laws,  three  dollars  and  eighty-five 
cents;  for  blanks  printed   on  paper  per  quire,  two  dol- 
lars. 

Sec.  2.    Be  it  further  enacted,  That  the  present  state 
printers  shall  be  entitled  to  the  benefits  of  this  act. 

Approved  December  G,  1862. 


No.  95.]  •  AN  ACT 

To  amend  section  165  of  the  Code  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  Gendral  Assembly 
convened.  That  section  165  of  the  Code  of  Alabama  be 
amended  by  addingthereto  the  words,  "the  resignation 
of  justices  of  the  peace  and  constables  must  be  trans- 
mittcff  to  the  judge  of  probate  of  the  county  in  which 
the}'  respectivcdy  reside. 

Approved  November  4,  1862. 


No.  96.]  AN  ACT 

To  amend  section  396  of  the  Code. 

Skc.  1.  Beit  enacted  by  the  Senate  and  House  of  Bepre- 
sentativrs  of  the  State  of  Ahrbama  in  General  Assembly 
convened,  That  section  396  of  the  Code  of  Alabama,  be 
and  tht-  same  is  hereby  atnoiided  by  inserting  the  Wi)rds 
"soldiers,  and  to  recover  deceased  soldiers  "pay,"  after 
the  wonl  "pensioners,"  and  before  "and". 

Approved  November  8,  1862. 


1862.  100 

Ko.  97.]  AN  ACT 

To  amend  section  664  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  MtprC' 
scntatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  664  ot  the  Code  be  amended  by 
striking  out  of  the  last  line  the  words,  "to  be  fixed  by 
a  judge  of  the  circuit  court,"  and  insert  in  Heu  thereof, 
*'to  be  fixed  by  a  judge  of  the  supreme  or  circuit 
court,  or  an}'  cliancellor  of  the  State."   . 

Approved  November  3,  1862, 


No.  98.]  AN  ACT 

To  amend  Fection  499  of  the  Code,  so  far  as  the  coun- 
ties of  Macon,  Barbour  and  Shelby  are  concerned. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep-' 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
conve-  ed,  That  the  members  of  the  court  of  county 
commissioners  of  Macon,  Barbouvaud  Shelby  counties, 
sliaii  be  entitled  to  receive  in  addition  to  their  per  c?iew, 
milenge  at  the  rate  of  five  cents  per  mile  on  the  neiar- 
est  pnl)lic  road  going  to  and  returning  from  each  terra 
of  said  court,  to  be  paid  as  prescribed  by  said  sectian 
499.  ^ 

.    Approved  November  21,  1862. 


Per  diem  and 

mileage. 


No.  99.]  AN  ACT 

To  amend  section  11-40  of  the  Code  of  Alabama,  as  to 
Coffee,  Covington  atid  Walker  counties. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Bouse  of  Rep- 

'Xrty  five."  ^°'  resent afive  of  the  State  of  Alabama  in  General  Assembly 

convened,  That  the  words  "forty-five",  where  they  occur 

in  the  third  line  of  section  1140  of  the   Code,  be  and 

they  are  hereby  stricken  out,  and  the  words    "fifty-five" 

„     ^     „         inserted  in  lieu  thereof;  that  the  word   "e»ighteen"   in 

*^eighteen,"       Said  scction  1140  be  stricken  out,  and  the  word    "six- 


101  1862. 

teen"   inserted,  as  to  Coftee,  Covington  and  Walker 
counties. 

Sec.  2.    Be  it  further  enacted^    That  justices   of  the  justices  in  c«»- 
peace  in  Covingjton  county  within  their  respective  pre- pofuon^*** '"* 
cincts,  under  fifty-five  years  of  age,  shall  be  subject  to 
perform  the  duties  of  apportiotiers  on  public  roads. 

Sec.  3.  Be  it  further  enacted.  That  this  act  shall  not  Lim4tooonof»c» 
continue  in  force  any  longer  than  the   termination  of 
the  present  war  between  the  Confederate  States  and  the 
United  States. 

Approved  j^ovember  17,  1862. 


No.  100.]  AN  ACT 

To  amend  section  1203  of  the  Code,  and  for  other  pur- 
poses. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Rep- 


resentatives of  the  State  of  Alabama  in  General  Assembly  Bridgesore* 
convened.  That  section  1203  of  the  Code  be  amended  by  w.'«  »'»» «>*  »«- 


cause 


pair. 


adding,  at  the  close  thereof,  the  following:  "And  if  the' 
contractor  shall  knowingly  suffer  any  such  bridge  or 
causeway  to  remain  out  of  repair,  and  unsafe  for  the 
passaiT^e  of  travellars  and  other  persons  for  more  than 
ten  days  at  any  one  time,  durirjg  the  period  stipulated 
for  its  safety  by  the  terms  of  his  contract,  he  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be 
fineil,  for  the  use  of  the  county,  in  a  sum  not  less  than  Penally, 
doulde  the  value  of  the  materials  and  labor  necessary 
to  put  such  bridge  or  causeway  in  the  state  of  safety 
required  by  the  terms  of  his  contract. 

Sec.  2.  Be  it  further  enacted^  That  the  duties  imposed 
on  apportioners  of  roads,  by  subdivisions  four,  five  and  „   . 

.  «  .  '         «/  ^  Duties       ADpltolk- 

SIX,  of  section  1156  of  the  code,  are  hereb}'  made  appli- buujwJgB*. 
cable  to  bridges,  built  under  contract  with  the  court  of 
courity  commissioners,  and   persons  violating  the   first 
section  of  this  act. 
Ap[»r  jved  Jiovember  24,  1862. 


1862.  •  102 

No.  101.]  AN  ACT 

To  repeal  the  5th  Division  of  Section  1551,  Article  1, 
Chapter  6,  of  the  Code  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  5th  division  of  "section  1551,  article 
1,  chapter  6,"  of  the  Code  of  Alabama,  be  and  the  same 
is  hereby  repealed. 

Approved  November  7, 18G2. 


No.  102.]  AN  ACT 

To  amend  subdivision  four  of  Section  2318  of  the  Code, 
relating  to  the  procuring  of  testimony  by  deposition. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bejr 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  subdivision  four  of  section  twenty-three 
hundred  and  eighteen  of  the  Code  be  amended,  by  add- 
ing to.  the  end  thereof  the  words,  "or  is  engaged  in  the 
military  or  naval  service  of  the  Confederate  States,  or 
of  this  State." 

Approved  December  2,  1862. 


No.  103.]  AN  ACT 

To  amend  Section  3143  of  the  Code. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  3143  of  the  Code  of  Alabama  be 
amended,  so  as  to  insert,  after  the  word  "copartner- 
ship," where  it  occurs  in  the  second  and  third  line  of 
said  section,  the  words,  "or  officer,  or  agent,  or  clerk, 
or  person  in  the  employment  of  this  state  or  of  the  Con- 
federate States." 

Approved  December  4,  1862. 


103  1862. 

No.  10-t.]  A]Sr  ACT 

To  amend  Section  SloO  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  JRep- 
resentatkes  of  the  State  of  Alabama  in  G-eneral  Asscmbli/ 
convened,  That  section  SI.'jO  of  the  Code  be  amended, 
by  addinc:,  after  the  word  "property,"  at  the  end  of  the 
section,  the  words,  "an  indictment  may  be  preferred, 
under  this  section,  although  the  principal  offender  has 
not  been  tried  or  convicted." 

Approved  December  4,  1862. 


No.  105.  AN  ACT 

To  amend  section  4003  of  the  Code  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  liep- 
rescntatives  of  tJie  State  of  Alabama  in  General  Assembly 
convened,  That  section  4003  of  the  Code  of  Alabama  be 
so  amended  as  to  authorise  jailors  to  make  oath  to  their 
accounts  before  the  judge  of  probate,  the  accounts  tirst 
to  be  certified  by  the  clerk  of  the  circuit  court  of  .such 
county. 

Approved  December  9,  1862. 


No.  106.]  AN  ACT 

To  increase  the  corporate  privileges  of  the  Banks  and 
Insurance  Companies  of  the  State  of  Alabama. 

Sec.  1 .  Be  it  eiwbcted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly  Coniinp-ncy. 
convened^  That  whenever  hereafter  any  of  the  chartered 
and  free  banks,  or  insurance  companies  of  the  State, 
shall,  in  the  opinion  of  the  president  and  directors 
thereof,  be  endangered  by  invasion  of  the  public  ene- 
my, actual  or  threatened,  it  shall  be  lawful  to  remove 
said  banks,  or  insurance  companies,  their  projierty  and  "'•  '  majdo. 
efiects,  respectively,  an. 1  nil  things  appertaining  to  their 
business,  to  such  other  place  or  places,  in  the  State  of 


1862.  104 

Alabama,  as  the  said  president  and  directors  may  deem 
safe. 

Sec.  2.    Be  it  further  enacted.  That   all   acts,   which 
Acts  legalised,    j^j^^.  Q^-  |.jjj,  g^j^j  ij.^i^i^g^  QY  iiisuraiice   companies  can  or 

may  lawfully  do,  under  their  charters,  shall   be,  to  all 
intents,  as  valid   and   effectual,  and   as   binding  on  the 
said  banks  and  companies,  and  all  other  )>arties  in  in- 
terest, when  performed  at  the  places  to  which  they  may 
be  so  removed,  as  if  performed  in  their  former  counties. 
Sec.  3.    Be  it  further  enacted.  That  at  any   time  be- 
'•Bank  of  Au-  fopc  the  termiuatiOQ  of  the  existing  war,  between  the 
bama."  United  States  and  the   Confederate" States,  it  shall  be 

lawful  fur  the  commissioners,  named  in  an  act  entitled 
"An  act  to  authorize  books  to  be  opened  in  the  city  of 
Montgomery,  for  subscriptions  to  the  capital  stock  of 
the  Bank  of  Alobama,"  approved  February  1,  1861,  or 
ail}'  two  or  more  of  them,  to  open  books  of  subscrip- 
tion to  the  capital  stock  of  the  said  Bai.k  of  Alabama, 
and  to  do  any  and  all  other  acts  or  things  necessary  to 
organize  said  Bank  of  Alabama,  according  to  the  terms 
and  provisions  of  said  act,  and  the  act  to  incorporate 
said  Bank  of  Alabama,  approved  February  13,  1860, 
and  the  act  in  relation  to  said  Bank  of  Alabama,  ap 
proved  December  3,  1861,  at  any  place  in  Alabama 
which  they  may  deem  convenient  and  secure  from  the 
eneni}',  and  at  any  time  before  the  termination  of  the 
existingwar,  it  shall  be  lawful  for  the  stockholders  of  said 
Bank  of  Alabama,  or  persons  or  corporations  who  may 
have  subscribed  for  stock  in  said  bank,  or  the  president 
and  directors,  and  other  officers  of  said  bank,  when 
•  elected,  to  do  any  and  every  act  and  thing  necessary  to 
organize  said  bank,  and  enable  it  to  commence  and 
carry  on  its  banking  business  and  operations,  according 
to  the  terms  and  provisions  of  the  several  acts  referred 
to  in  this  act,  at  an}'  place  in  Alabama,  which  the  said 
commissioners,  or  any  two  or  more  of  them,  or  the 
president  and  directors  of  said  bank  when  elected,  or  a 
majority  of  them  deem  convenient  and  secure  from  the 
enemy ;  and  said  bank,  when  organized  in  accordance 
with  the  provisions  of  this  act,  and  of  the  several  acts 
herein  referred  to(which  several  acts  are  hereby  continu- 
ed of  full  force,  except  as  modified  or  amended  by  each 
other  and  this  act),  at  any  place  in  Alabama,  shall  be 
deemed  and  taken  to  he  lawfully  organized  and  shall  have 
a  full  right  to  carry  on  its  banking  business  and  opera- 


105  1862. 

tions  from  t])etinieofsncli  organization  to  thcexpinition 
of  the  full  term  xnentionod  in  its  charter,  for  tlio  dura- 
tion or  continuance  of  said  bank,  as  if  said  bank  here- 
tofore had  been  organized  and  put  into  operation  in 
strict  accordance  with  its.charter,  and  with  the  several 
acts  lierein  referred  to;  and  if  said  baidc  siiall  be 
organized  before  the  termination  of  tlie  war,  it  ami  its  to  be  remoT&d 
operations  shall  be  removed  to  the  city  of  Mobile  as  ° 
soon  after  the  termination  of  the  existing  war  as  the 
president  and  directors  thereof  may  deem  the  city  of 
Mobile  secure  from  the  enemy. 

Sec.  4.  Be  it  further  enacted,  That  this  act  shall  be  „   , 

di  1  -  1.1  ii»  T-«.f    ,  Public  aot. 

eemed  and  construed  to  be  a  public   act:     Procidea 

however,  That  the  provisions  of  this  act  shall  not  apply  Proviso. 

to  any  bank  or  insurance  company  in  this  State,  which 

may  refuse  to  receive  on  general  deposit,  or  in  payment 

of  debtS'due  to  it,  the  treasury  notes  of  this  State  or  of 

the  Confederate  States. 

Approved  November  7,  1862. 


Ko.  107.]  AN  ACT 

To  establish  a  Bank  in  the  town  of  Opelika,  Alabama, 
to  be  called  the  Exchange  Bank  of  Alabanui. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly  fd"''  "'"*'*^' 
convened,  That  a  bank   be  established  in  the  town    of 
Opelika,  Russell  county,  Alabama,  the  capital  stock  of ^'"p"''*''*"'- 
whirh  shall  not  exceed  six   hundred    thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each. 

Skc.  2.  Be   it    further  enacted^  That   A.    B.    Griffin, 
Loxla  Edwards,  W.   C.  Koss,  R.   C.  Jeter,   N.  Sledge,  com«i.sione». 
James  M.  Greeti,  E.  C.   McCnrxly,  W.  C.  Sorice,  J.^R. 
Hubbard,  E.  riollis,    VV.  G.   Williams,  and  Robert  S. 
Brownticld,  be  artthorizcd  as  commissioners  to  receive 
subscriptions  for  shares  of  stock,  not  to  exceed  six  hun- 
dred  thousand  dollars;  the  said  commissioners,  or  a 
majority  of  tlicm,  shall  designate  the  time  and  place  B"ok»  to  bo 
for  receiving   subscriptions  to  said   stock;  shall   keep Xipillni""*^ 
books  open  and  receive  subscriptions  for  thirty  days, 
unless  the  said  amount   of  six  hundred    thousand  <iol- 
lars'fhall  be  sooner  subscribed,  and  in  any  event  shall 


1862. 


106 


Notice  to  be  civ- 
en,  and  bow. 


Fire  dollars  p*r 
share  to  be  paid. 


Other    install- 
ments. 


Discretion    of 
subscriber. 


Money  to  be  de- 
posited. 


Vacancies. 


Election  of  offi- 
cers. 


Conditions. 


keep  books  open  for  ten  days,  and  until  as  much  ns  two 
hundred  thousand  dolh^rs  be  subscribed  ;  the  said  com- 
missioners shall  give  at  least  thirty  days'  previous  no- 
tice of  the  opening  of  said  books  by  advertisement  in 
at  least  three  public  newspapers,  published  in  this  State, 
and  elsewhere  in  their  discretion,  and  shall  keep  a  cor- 
rect record  of  all  their  proceedings. 

Sec.  3.  Beit  further  enacted^  That  at  the  time  of  ad- 
mitting such  subscriptions  for  stock,  the  said  commis- 
sioners shall  require  from  the  subscriber  the  sum  of  five 
dollars  for  each  share  subscribed;  the  subscriber  shall 
further  pay  an  installment  of  fifteen  dollars  per  share 
within  niiiet}'  days  after  the  first  opening  of  said  books  ; 
an  installment  of  fifteen  dollars  per  share  within  six 
months  after  said  opening  day ;  twenty  dollars  per  share 
within  nine  months  after  said  opening  da^- ;  twenty-five 
dollarsper  share  within  twelve  months  after  saidopening 
day,  and  twenty  dollars  per  share  within  fifteen  months 
after  said  opening  day;  but  any  subscriber  may,  if  he 
thinks  proper,  pay  in  his  subscription  at  earlier  days 
than  above  limited,  and  in  such  case,  interest  shall  be 
equalized  with  the  other  stockholders  upon  equitable 
principles;  the  said  commissioners  shall  deposit  all 
moneys  received  by  them  in  such  bank,  or  other  place 
of  deposit  as  they  may  select,  until  the  said  new  bank 
shall  go  into  operation,  after  payment  shall  be  received 
by  itself;  the  commissioners  shall  shall  have  [)0wer  to 
fill  vacancies,  occurring  in  their  own  body,  by  death, 
absence,  or  refusal  to  act  until  their  duty  is  performed.. 

Sec.  4.  Be  it  further  enacted,  That  whenever  a  sum 
of  not  less  than  two  hundred  thousand  dollars,  nor 
more  than  six  hundred  thousand  dollars,  shall  have 
been  subscribed  to  the  capital  stock  of  said  bank,  and 
after  closing  the  books  of  subscription,  and  after  half 
of  the  capital  stock  subscribed  shall  have  been  actually 
paid  in  gold  or  silver,  the  said  bank  may  elect  its  offi- 
cers under  the  following  conditions,  to-wit:  the  presi- 
dent and  directors  of  said  bank  thus  appointed  shall, 
without  loss  of  time,  make  the  necessary  arrangements 
to  put  the  bank  in  operation,  so  soon  as  pursuant  to  the 
provisions  of  this  act,  the  bank  shall  possess  in  gold 
and  silver  one  half  of  the  capital  stock  subscribed;  but 
the  sai<l  bank  shall,  under  no  pretext  whatever,  com- 
mence its  banking  operations  by  discounting  bondSj  or 
notes,  or  bills,  t>y  loaning  money,  or  putting  into  cir- 


lOT  1862. 

culation  its  own  notes  until  it  actually,  and  in  good 
faith  shall  have  and  possess,  of  its  own  absolute  prop- 
erty, in  gold  or  silver,  one  half  of  the  whole  amount  of 
capital  stock  subscribed,  and  shall  have  returned  to  the 
governor  of  this  State  an  account  thereof  verified,  by 
oath  or  afHrniation,  of  the  president  or  cashier  for  the 
time  being,  nor  shall  the  bank  so  commence  its  opera- 
tions until  the  governor,  satisfied  by  the  return  afore- 
said, and  by  such  other  evidence  as  may  be  offered, 
shall  issue  a  proclamation,  declaring  that  said  return  Governor  to  is- 
had  been  fully  made,  and  that  it  appeared  to  his  gj^^jg.  *"*p''**<=*'"»''°" 
faction  that  said  company  had,  of  their  own  absolute 
property,  the  amount  in  gold  and  silver  aforesaid,  and 
were  authorized  under  the  provisions  of  this  act,  to 
commence  their  banking  operations  as  aforesaid,  and  if 
said  bank,  without  actually,  and  in  good  faith,  having 
of  its  own  property,  the  amount  of  gold  and  silver  as 
aforesaid,  or  without  having  made  return  as  aforesaid, 
or  without  the  proclamation  of  the  governor  as  afore- 
said, shall  commence  any  such  banking  operations  as 
aforesaid,  the  charter  hereby  granted  shill  be  null  and„     .    , 

•1  J         '11  I         1111  •!  t,  11-.  Penalty  for  eom- 

void,  and  said  bank  shall  be  considered,  to  all  intents  mcncingwithont 
and  purposes,  an   unchartered  bank;  and- if  more  sub- ihrMndmc^s'.''" 
scriptions  be;  offered  to   the  commissioners  than  they 
are  authorized  to  receive,  they  shall  scale  and  allow  th-e 
subscriptions  in  such  mode  as  they  shall  deem  equita-Exccw  of  sub- 
ble,  giving,  in   all  cases,  the  preference  to  subscribers,  ^aiedl'""'  ***  ""^ 
who  shall  be  citizens  of  Alabama,  and  if  still  necessary, 
they  shall  reduce  the  largest  subscriptions  so  as  to  form 
the  proper  amount  of  capital  stock,  and  no  more:  Pro- 
vided, That  no  other  bank  be  allowed  to  take  stock  in 
said  bank. 

Sec.  5.  Be  it  furtlier  enacted.  That  if,  in  closing  the 
books  of  subscription,  a  sufficient  capital  shall  not  be  opened  aglin.* 
subscribed  to  authorize  the  bank  to  go  into  operation 
under  the  terms  of  this  act,  the  commissioners  may 
again  open  the  books  afterwards,  at  such  time  and  place 
as  they  may  direct,  under  the  same  regulations  as  be- 
fore provided,  until  the  subscriptions  be  sufficient;  af- 
ter the  bank  officers  shall  have  been  elected,  it  the  stock 
\3  not  full,  the  board  of  directors  shall  have  power  to 
tfause  books  to  be  opened,  from  time  to  time,  until  the 
stock  and  capital  be  full,  and  to  appoint  comuiisfjionurs 
to  receive  such  subscriptions,  under  such  rules  as  they 
may  prescribe,   provided   thirty  days'  notice  be  given, 


1862. 


108 


Priyilegof. 


by  advertisement  as  before  prescribed,  of  the  time  and 
place  of  receiving  such  subscriptions, 
dy  corporate  ^^'^  ^-  ^^  ^'^  fuHher  enactcd,  That  the  stockholders 
as  Exchange  of  Said  bank,  and  their  successors,  shall,  when  a  suffi- 
cient amount  shall  have  been  subscribed  and  paid  in, 
be  and  they  are  hereby  created  a  corporation  and  body 
politic,  by  the  name  and  style  of  the  Exchan<<eB;uikof 
Alabama,  and  shall  so  continue  until  the  lirst  day  of 
June,  1893,  and  by  that  name  shall  be,  and  they  are 
declared  able  and  capable  in  law  to  have  and  to  own, 
purchase,  receive,  possess,  and  retain  to  them  and  their 
successors,  lands,  rents,  tenements,  hereditaments, 
goods,  chattels,  and  effects,  of  whatever  kind,  nature 
and  quality,  money,  obligations,  stockt^,  bonds,  bills, 
notes  securities,  and  choses  in  action  of  whatever  kind 
or  nature;  and  the  same  may  sell,  grant,  demise,  alien, 
convey,  or  dispose  of,  and  may  sue  and  be  sued,  plead 
and  be  impleaded,  answer  and  be  answered,  defend  and 
be  defended,  in  any  suit,  matter,  or  thing,  de[>ending 
in  any  court  of  law  or  equity,  and  shall  also  have  pow- 
er to  make,  have  and  use  a  common  seal,  and  the  same 
to  break,  alter  and  renew  at  pleasure  ;  also  to  ordain,  es- 
tablish, alter  and  repeal  by-laws,  ordinances,  and  regu- 
Jations  as  they  may  deem  necessary  and  convenient 
from  time  to  time,  for  the  government  of  said  corpora- 
tion, not  being  contrary  to  the  constitution  and  laws  of 
the  Confederate  States,  or  of  the  Stat6  of  Alabama; 
also  to  make  loans  and  discounts,  deal  in  money,  notes, 
bills  of  exchange,  bonds,  mortgages,  and  securities  of 
all  kinds,  to  receive  deposits,  to  make  and  issue  bank 
notes,  payable  on  demand  to  bearer,  and  to  make  all 
contracts,  and  transact  all  such  business  as  is  usually 
transacted  by  banks,  and  as  are  within  the  scope  of 
banking  operations,  and  generally  to  do  and  execute  all 
and  singular  the  acts,  and  matters  and  things,  which  to 
them  it  shall  appertain  to  do,  as  incident  to  bodies  cor- 
f)orate,  subject,  however,  to  the  rules  and  limitations 
herein  contained:  Provided,  That  said  bank  shall  not, 
in  any  case,  deal  in,  orpurcliase,  merchandise,  produce, 
or  persojial.  property  of  any  kind,  or  real  estate,  except 
for  its  ne(;essary  banking  houses,  buildings  and  pur- 
poses, or  by  way  of  securing  payment  of  debts  due  it, 
nor  shall  it  issue,  or  cause  to  be  made  for  circulation  as 
currency,  any  bills  or  notes  that  are  not  payable  on  de- 
mand. 


BestrictiODB. 


109  1862. 

Skc.  7.  Be  it  farther  enacted,  That  the  affiiirs  of  said  «  „,,  ,  ,.^, 

bi       1      1 1   1  11  1  •  I  1  B  lard  of  dlre«l- 

aiik  shall  1)0  mana^jea  by  seven  (lirectors,  elected  an-^'s 

nnally  by  the  stockholdersof  said  bank  ;  at  all  elections 
the  stockhohhrs  aliall  elect  the  directors,  and  shall  vote  ""^  cieet«d. 
accordiiii^  tothe  scale  and  rates  of  votes  following :  each 
stockholder,  for  every  share  he  may  hold,  not  eXceed- 
inff  twenty-tive,  may  give  one  vote  ;  for  every  two  shares 
above  twenty-five  and  under  fifty,  one  vote;  for  every 
three  shares  above  fifty  and  under  one  hundred,  one 
vote;  for  Q.vQxy  five  shares  above  one  hundred  and  un- 
der one  iiundred  and  fifty,  one  vote;  and  for  every  ten 
shares  above  one  hundred  atid  fifty,  one  vote;  ar.d,  af- 
ter the  first  election,  no  share  shall  confer  a  right  to 
vote,  which  shall  not  have  been  holden  by  the  voter 
three  calendar  months  i>reviou3  to  the  election  ;  the 
stockholders  shall  be  entitled  to  vote  either  in  person 
or  by  proxy;  the  shares  of  infants  may  be  voted  for  by 
their  parents  or  guardians;  if  married  women,  by  their 
husbands  or  trustees;  if  Citrporations,  by  their  presi- 
dents; if  copartners,  or  joint  owners,  by  either  unless 
the  other  dissent,  in  which  case  neither  shall  vote,  and 
all  powt'rs  to  authorize  persons  to  vote  by  proxy  shall 
be  in  writing. 

Skc.  8.  Be  it  further  enacted,  That  the  first  election 
for  directors  shall  he  held  as  soon  as  may  be  after  the  first  election, 
books  of  subscription  shall  be  closed,  and  a  sufiioient 
number  of  shares  be  subscribed;  the  said  eomniisMion- 
ers  appointed  to  receive  subscriptions,  shall  hold  said 
first  election,  on  such  day  as  they  ma}'  appoint,  after 
giving  thirty  days'  notice  of  ihetime  and  place  of  hold- 
ing the  same;  tliey  shall  certify  to  the  directors  the 
names  of  the  persons  so  elected  ;  shall  hand  over  their 
reconls  to  them,  and  the  moneys  subscribed  ami  [laid  ; 
tlic  said  board,  so  elected,  shall  proceed  to  elect  a  pres- 
ident from  their  own  number,  and  the  board  shall  con^'"**''*"*- 
tinue  in  f>fl5ce  until  the  expiration  of  the  second  Mon- 
day in  January  following,  and  until  their  successors 
sliall  enter  upon  their  duties;  the  subsequent  elections  Kiociion  of  di- 
for  dir(!ctors  shall  he  held  in  the  banking  house,  on  the  ^'='^^^''"  ""'•»'• 
second  Moiwlay  in  January,  in  each  year;  the  new  board 
elected  shall  be  authon/z-d  to  enter  upon  its  duties  the 
day  after,  and  continue  until  the  expiration  of  the  sec- 
ond Monday  of  January  next  thereafter,  and  until  their 
successors  shall  organize  and  enter  upon  their  duties; 
the  polls  shall  be  hold  by  three  stockholders,  other  tbmi 


k 


1862.  110 

Ruiesintheeiec- Ji''cctor3,  appointed  by  the  board  to  hold  the  same;  the 

^'oD.  vote  shall  be  by  ballot,  under  such  regulations  as  the 

bank  rnay  prescribe,  but  ten  days'  notice  of  such  elec- 
tion shall  be  given  in  one  newspaper  of  the  county  in 
which  said  bank  is  located,  and  no  stockholder  shall 
vote  at  any  time  Avhile  in  default  of  payment  of  install- 
ment of  stock. 

Eligibility  ^^^'  ^'  ^^  ^^  further  enacted,  That  no  person  shall  be 

a  director  unless  he  shall  own  one  thousand  dollars' 
worth  of  stock  in  said  bank  bona  fde,  and  as  his  own 
propert}'^ ;  nor  unless  he  shall  be  a  resident  citizen  of 
this  State,  and  is  not  a  stockholder  in  any  other  bank. 
Sec.  10.    Be  it  further  enacted,  That  in  case  no  elec- 

Paiureto  elect.;  ^^q^  g|^^]|  ]jq  niade  of  dircctors  or  president  at  the  time 
provided  by  this  act,  the  corporation  shall  not  for  such 
cause  be  deemed  dissolved,  but  such  election  shall  be 
held  as  soon  after  as  may  be  on  due  notice.     The  board 

Vacancies,  how  shall  havc  powcr  to  fill  all  vacancies  in  the  office  of 

'^"^'^  president  or  directors ;  six  months  absence  removal  from 

the  state,  transfer  of  stock  down  to  a  sum  less  than 
one  thousand  dollars,  and  any  cause  which  shall  prevent 
the  attendance  of  such  officer  permanently  to  discharge 
the  duties,  or  render  him  incapable  of  so  doing,  shall 
vacate  the  seat  of  such  president  or  director. 

Sec.  11.  Be  it  further  enacted.  That  the  president  and 

cai^hier  and oth- directors  of  such  bank  shall  have  power  to  r.ppoint  a 

cr  officers.  cashici",  and  all  such  officers,  clerks,  agents  and  servants 
as  may  be  necessary  from  time  to  time  to  carry  on  the 
business  of  the  bank,  and  prescribe  their  compensation 
and  duties  and  require  proper  bonds  for  the  faithful  dis- 
charge of  their  duties  in  their  discretion,  and  to  issue 
bank  bills  payable  to  bearer  on  demand  at  their  bank- 
ing house. 

Sec.  12.    Be  it  further  enacted,    That   the   shares  of 

Btock assignable,  stock  in  Said  bank  shall  be  assignable  and  transferrable 
according  to  such  rules  as  shall  be  instituted  in  thatbe- 
halt  by  the  by-laws  and  ordinances  of  the  bank,  and 

Proviso  transfer  books  shall  be  kept  for  that  purpose:  Provided, 

that  in  case  of  the  failure  of  the  bank  within  six  months 
after  any  such  transfer  or  sale  of  stock,  the  party  selling 
and  the  party  purchasing  said  stock  shall  be  each  held 
liable  for  tlie  payment  of  the  debts  of  the  bank  in  pro- 
Further  proviso,  portion  to  the  stock  so  transferred:  Provided  further, 
that  no  transfer  of  stock  shall  be  made  so  as  to  vest  in 
any  one  stockholder  a  greater  number  than  one-fourth 


Ill  1862. 

amount  ol  the  whole  number  of  shares  subscribed  for 

in  such  corporation  :    And  Prodided  further,   that   the 

bank  shall  have   power  to  pass  by-laws  to  prevent  the  Another proTiso. 

assig'nment  of  shares  by  parties  owins;  debts  to  said 

bank  pnst  due,  until  such  indebtedness  be  paid,  and  to 

withhold  dividends  due  to  persons  so  being  in  default 

if  tliey  think  it  proper. 

Sec.  13.  Be  if  farther  enacted,  That  if  anv  person  or  „ 

i.  1  •  u      1  i.       "i      11  1       •        Mny  move  for 

persons,  copartnership,  or  body  corporate,  shall  be  i n- judgment  in cer- 
debted  to  said  bank,  as  maker,  endorser,  guarantee,  or'*'"*^"^** 
as  drawer,  or  acceptor  of  any  note,  bill  or  bond,  made 
expressly  negotiable  and  payable  at  the  said  ba)ik,  and 
shall  d^day  payment  thereof,  the  said  bank  may  move 
for  judgment  and  award  of  execution  against  such 
debtor,  in  any  court  of  record  in  the  state  where  such 
defendant  may  reside  or  corporation  so  indebted  be  lo- 
cated, and  judgment  thereon  shall  be  rendered  as  may 
be  lawful  and  proper:  Provided,  that  the  defendant  in  Requirementa. 
any  such  case  shall  have  thirty  days'  notice  of  such  mo- 
tion before  the  same  is  made,  specifying  what  the  de- 
mand is:  Provided  also,  that  at  the  time  of  making  proviso, 
such  motion,  the  bank  shall  produce  and  file  a  certifi- 
cate of  its  president  or  cashier,  under  the  seal  of  the 
bank,  that  the  debt  claimed  is  really  and  bona  fide  the 
property  of  the  bank:  Provided  further,  that  if  any  de- Further  proriso. 
fendant  phall  appear  and  contest  the  claim,  the  court 
shall  require  the  bank  to  file  its  declaration  and  the  de- 
fendant his  pleas,  and  cause  issues  to  be  joined  in  law 
or  fact,  to  be  tried  instanter,  or  during  the  term,  as  the 
court  may  direct,  by  a  jury  or  by  the  court,  as  the  case 
may  be,  unless  on  sufficient  cause  shown  it  be  neces- 
sary to  continue  the  case,  and  the  court  shall  give  judg- 
ment as  may  be  proper  :  And  provided  further ,  that  the 
summary  remedy  thus  given  shall  not  preclude  any 
other  mode  of  redress  which  may  be  lawful  to  enforce 
the  right  of  the  bank. 

Si:c.  14.  Be  ij  further  enacted,  That  the  said  remedies 
given  for  the  collection  of  debts  due  the  bank  shall  be  J^-'ai""  "^"" 
reciprocal  ior  and  against  the  bank,  and  in  motions 
against  the  bank,  no  certificate  shall  be  rcrjuired  to  be 
fileil  W'*  above  set  forth,  and  the  courts  of  record  in  the 
county  in  which  snid  bank  is  located,  having  jurisdic- 
tion, shall  hear  motions  for  the  recovery  of  all  debts 
due  by  said  bank,  and  in  nil  suits  against  such  corpora- 


1862. 


112 


Fandamenlilar 
tkles. 


JUlabSHty. 


tion  service  of  process  on  the  president  or  cashier  shall 
be  sufficient  to  bring  the  defenthint  into  court. 

Sbc.  15.  Be  it  further  enacted,    That  the  said   bank 
slicill  be  subject  to  the  foUowing  rules  and  reguhitions,^ 
and  they  are  dechired  to  be  fundamental  articles  in  the 
constitution  of  said  corporation,  to-wit : 

Articlk  1st.  The  bank  shall  not  commence  operations 
until  half  the  capital  stock  subscribed  for  be  actually 
paid,  in  gold  or  silver,  which  amount  shall  in  no  case 
be  loss  than  one  hundred  thousand  dollars. 

Article  2.  That  the  stockholders  in  said  bank  shall 
be  bound  respectively  for  all   the  debts  of  the  bank  io^^ 
proportion  to  their  stock  holden  therein,  and  this  provi^f* 
sioM  shall  in  no  wise  affect  or  impair  the  provisions  of 
the  twelfth  section  of  this  act. 

Article  3.  That  the  batik  shall  not  be  authorized  to 
issue  or  have  in  circulation,  at  one  time,  notes  or  bills 
of  the  bank  to  an  amount  exceeding  twice  the  amount 
of  the  capital  stock  actually  paid  in,  md  in  case  of  an 
issue  greater  than  herein  allowed,  the  president  and  di- 
rectors under  whose  administration  it  may  happen  shall 
be  liable  for  the  same  in  their  natura-1  and  private  ca- 
pacities, and  actions  may  be  brought  against  them,  or 
either  of  them,  in  any  court,  b}'^  any  crediUir  of  said 
corporation,  and  may  be  prosecuted  to  judgment,  any 
condition  or  agreement  to  the  contrary  notwithstand- 
ing; but  the  corporation  shall  not  on  acount  of  this 
provision  be  liable  and  chargeable  with  said  excess  : 
Provided,  that  the  President  and  such  ot  snid  directors 
who  may  have  been  absent, or  dissentinsr,  when  said  ex- 
cess was  contracted  or  created,  mny  respectively  cxon- 
<  rate  themselves  from  being  so  liable  by  forthwith  giv- 
ing notice  of  the  fact  of  their  absence  or  dissent  at  n 
general  meeting  of  the  stockholders,  which  they  shall 
have  power  to  call  for  that  purpose. 

KuLi<;  1.  The  bank  may  at  its  option  receive  in  pay- 
Mav  receive,  but  nieiit,  or  00  deposit,  the  notes  of  the  banks  of  the  states, 

not  pajr  oui.  ?  r-  '         ,  ,  ,  i       <•  j  • 

but  shall  not  pay  out  the  same  on  loans,  dratts  or  dis- 
counts. 

Rule  2.  The  bank  shall  be  required  to  procure  and 
keep  on  hand  gold  and  silver  in  proportion,  of  not  less 
than  one-third  of  the  amount  of  bills  it  shall  have  in 
circulation,  and  if  withdrawn  shall  immediately  proceed 
to  replace  the  deficiencj'. 

Rule  3.  The  bank  shall  be  required  to  receive  money 


Proviso. 


Proportion   of 
coin. 


118  1802. 

on  rlopoait  ntul  pay  »>ntthos;ime  toordor,  freoof  cliiiriro,  siiaii  nccive  on 
in  auch  smii8  as  the  <le|)()sitors  may   'lircc-t:    Provided,  ^'^^°'^^^' 
that  the   bank  shall    dot  he  required  to  pay  deposits  in 
less  sums  than  twenty  dollars,  nor  to    rceeive    them   in 
less  sunia  thati  one  hundred  doll-irs. 

KUT.E  4.  The  bank  sluill  not  take,  retain  or  reeeive  on  r  te of  intereat. 
its  loans  or  discounts,  in'ere-'t  at  a  greater  rate  than  as  <^""''"«- 
follows:  upon  pajter  rininin<:;six  monthsor  under  six 
per  cent,  per  annntn  upon  paper  more  than  six  months 
and  not  exceeding  nine  rnontiis,  seven  percent,  per  an- 
num ;  upon  paper  running  tnore  than  nine  numths, 
eight  per  cent,  per  annum  :  Provided,  that  all  paper  had 
and  owned  by  sai(i  bank  shall,  utter  maturity,  bear  in- 
terest at  the  rate  of  eight  percent,  per  annum. 

1\ULE  5.  No  director  shall  receive  any  emolument, 
but  the  president  may  receive  sueli  compensation  as  tlie 
stockholders  shall  at  a  general  meeting  as!^ign  him. 

liULE  6.  No  director  shall  hold  his  otKce  rriore  than 
three  years  out  of  four  in  succession,  but  the  president 
may  always  lie  re-elected  for  the  ensuing  term. 

KiiLK  7.  Not  less  than  three  direct<M's  shall  cortsti- Quorura. 
tute  a  quorum  for  the  transacoion  of  business, of  which 
the  president  shall  always  be  o>ie,  ('Xce|it  in  case  of 
sickness  or  necessary  absence,  in  which  case  his  place 
may  be  supplied  by  any  other  direetor,  whom  under  his 
hatnl  he  shall  depute  f  )r  that  purpose,  and  the  direct<n- 
-  1  deputed  may  do  and  transact  all  necessary  business 
■donging  to  the  office  of  president  of  said  corporation, 
under  the  name  of  [iresident  pro  ^em,  'during  the  con- 
tinuance of  the  sickness  or  ne<'e-<arr  absence  of  the 
president. 

KOLK.  8.  All  officers  of  the  bank,  the  president  and    omccrs to gi^e 
directors  excepted,  shall   be    required  befoie  they  enter''""'' 
upon  the  duties  ot  tluir  office,  to   give    bond  and  secu- 
rit\  such  as  the  bt»ard  shall  approve. 

JRULE  9.  Yearly  or   half    yeady   dividends    shall   he 
made  of  so  much  of  the  ].r..fits  as  shall    aj.pcar   to  tin.  ^""'''"<'»- 
directors  proper,  but  no  dividends  shall  be  jiaid  as  prof- 
its which  shall  treiw.h  upon  the  capital  of  the  bank. 

liVhK  10.   Once  in  every  three  years  thedirectorsshall 
lay  before  the  stockholders,  at  a  general  tiieeting,  for  trK."'!,'**/^"''''* 
their  infjjrmation,  an   exact,  full  and   particular  state- 
ment of  the  condition  and  affairs  of  said  bank,  show- 
ing the  particulars  ot    all   suspended  debts,   and  shall 

8 


1862.  11  ^ 

give  a]l  information  to  them  required  for  a  proper  un- 
derstanding of  its  true  condition. 

KuLE  11.  The  directors  sliall    have  pow.er  to  call  'a 

General  meeting  general  meeting  of  the  stockhohlers  at  any  time  they 
may  deem  nece.ssnry  and  expedient,  and  a  number  of 
stockholders  not  less  than  thirty,  who  together  shall  be 
proprietors  of  five  hundred  shtires  of  stock  or  upwards, 
may  at  any  time  call  a  general  meeting  of  the  stock- 
holders, relative  to  the  institution,  giving  at  least  six 
weeks  notice  in  a  newspaper  of  the  town  or  county  in 
which  the  said  bank  is  located,  of  such  meeting,  and 
specifying  the  purpose  or  purposes  thereof. 

Rule  12.  The  said  bank  shall  make  to  the  comptrol- 
Annaai  state- ler  of  public  accounts  a  return,  once  in  every  year,  of 

t^oulr.'"  °"^'its  true  situation,  showing  the  amounts  of  its  assets  and 
liabilities,  and  of  what  they  consist,  also  a  list  of  stock- 
holders of  said  bank,  and  a  list  of  the  shares  owned  by 
each. 

Rule  13.  The  governor  of  the  state  shall  appoint 

to^ex^mine*'Mch^'"^i^'^'b'  ^^^^^  conimissioiicrs,  whose  duty  it  shall  be  to 

j«a«'-  examine  the  monej-,  books,  papers  and   documents  of 

the  said  bank,  and  otherwise  examine  into  its  condition 
and  make  a  report  thereon,  within  two  months  after 
their  appointment.  The  bank  shall  furnish  all  infor- 
mation to  said  commissioners  necessary  for  an  accurate 
examination,  and  sliall  pay  to  said  commissioners  four 
dollars  per  day  each,  not  exceeding  ten  days  each,  and 

Arada^iiofcom- ^'^'''  commissioners  shall  each  make  aflidavit  before  an 

miasionc/s.  acting  justicc  of  the  peace,  that  they  have  not,  previous 
to  the  time  of  their  visit,  communicated  to  the  officers 
of  the  bank  the  time  when  they  would   visit  the  said 

Filed.  bank  for  examination  as  aforesaid,  which  said  aflidavit 

shall  be" filed  in  the  office  of  the  secrctar}-  of  state. 
Sec.   16.  Be  it  furlher  enackd,  That  by  way  of  bonus 

Bonus  in  licuoffor  granting  this  charter,  the  said  bank  shall  pay  annu- 

tixe».  r^]]y  j„|.(^  ^j,(j  treasury  of  the  state,  on  or  before  the  first 

day  of  November  in  each  year,  and  while  the  bank  shall 
continue  banking  business,  an  amount  equal  to  thrice 
the  taxation,  which  may  be  assessed  on  eveiy  hundred 
dollars  of  the  value  of  lands,  for  the  time  being,  by  the 
state,  on  each,  share  of  the  stock  of  the  bnnk,  which 
shall  be  in  lieu  and  composition  of  all  taxation  by  the 
state,  county,  town,  or  other  authority,  on  the  capital 

rrovLvo.  stock  or  business  of  the  bank:  Provided,  that  all  real 


115  1862. 

estate  owned  by  the  bank  shall  bo  siil>joct  to  paj'  taxes 
as  it'  held  by  iiulivi  luals. 

Siic.  17.     Be  it  farther  enacted,  That  whenever  any  whon  note*  nai 
bills,  notes,  checks,  or  other  issues  of  said    bunk   are  ntar'ktT''pr"  *** 
presented  at  the  counter  of  the  same  for  redemption,  '^si^''" 
and  the  bank  shall  refuse  to  reileeni  the  same,  either  in 
gold  or  silver,  the  cashier  shall  write  across  the  back  of 
such    l)ill,  check,  or  other   issue,  the  word  "pi'otested," 
with  the  day  find  date,  and  shall  sign  the  same,  and  all 
such    bills,  notes,  checics,  or  other  issues  so  protested, 
shall   draw  twelve  per  cent,  interest  from  the  date  of 
such  protest,  an<l  until  the  same  shall  be  redeemed,  to- Tweivepercent 
ffcther  with  the  interest  that  may  have  accrued  thereon  ;'  t*"""'  ■^«"- 

1   •■•  1     I     II  II  I  •  1  'tionl  toother 

and  it  any  such  bill,  note,  check,  or  other  issue  be  [> re- interest, 
sented  to  said  bank  and  payment  refused,  and  said  oili- 
cer  fail  to  note  the  same  "protested,"  as  above  provided, 
such  officer,  so  failing,  and  his  securities,  shall  be  sub- ^'*"^'''<*- 
ject  to  pay  double  the  amount  of  tlie  demand  offered 
and  refused,  to  be  recovered  by  the  person  aggrieved  in 
any  (.-ourr  of  record  in  the  county  wlicre  said  bank  may 
be  located. 

Si:c.  18.    Beit   further  enacted,  That  no  stockholder  ^^  ,      .  ^, 

^        •  I    I         1         1      ir  •  1  -•  II,.     No  loon  to  dlrrc- 

01  said  l)anK  sliall  receive  any  loan  from  the  bank,  ei- «■"■  ifeun*  not 
ther  directly  or  indirectly,  until  the  whole  amount  of'"  ^*"'' 
his  stock  shall  be  paid  ;  and  no  stockholder,  while  any 
portion  of  his  stock  is  unpaid,  shall  be  otherwise  a 
debt<tr  of  said  Ijaiik,  nor  shall  said  bank,  under  any  pre- 
text, h<dil  any  stock  purchased  by  it  of  its  stockholders 
for  more  than  six  months  from  tlie  date  of  [jurchase. 

Sec.  19.     Be  it  further  enacted.  That  if  any  debt  or  ^"l ^"'''*'"^"- 
cmand  due  trom  said  bank,  tor  an  amount  exceed ing<''-t'i«ionar»m«, 
one  hundred  dollars,  shall  remain  unpaid  for  more  than  clr>!^"ifwmcilt 
ten  diys,  after  pp.. per  demand  made   for   payment,  the '*"'^"'^ 
hohler  ot  such  debt  may  tile  a  bill  in  the  chancery  court 
of  tht;  county  or  district  in  which  said  bank  is  located, 
for  the  settlement  of  all  the  debts  of  the  bank,  if  he 
elect   so  to  do,  and  may  on   proo  ,  by  affidavit,  of  such 
refusal  to  pay  on  demand,  and  of  the  continuance  of 
such   refusal,  made  to  any  chancellor  or  judge  of  any 
circuit  court  of  the  state,  pray  an  injunction  to  restrain 
said  bank  and  all  its  oflicMs  trom  paying  out,  or  in  any 
way  translerring  or  delivering  to  any  person  any  money 
or  n.>«set8  of  said  bank,  or  incurring  any  obligation  or 
debt,  until   such  order  l)e  vacated  or   mollified;  and   ifinj.-ietion  may 
auch  chancellor  or  judge  shall  be  of  opinion   ihat  the ""  »'*"''^ 


1862.  116 

(lel)t.  is  jnstly  due,  and  that  tlie  bank  has  no  just  defense 
aj^aiiist  the  demand,  and  if  it  shall  a[)pear  expedient 
and  necessary,  upon  the  proof  jorcsented,  in  or-ler  to 
prevent  fraud  and  injustice,  he  siiall  grant  an  order  for 
proriso  "'^^''^  injunction:  Provided,,  that  the  bank  shall  have  had 

such  reasonable  notice  of  the  application  as  the  chan- 
cellor or  judge  may  prescribe,  and  shall  not  be  able  to 
show  sufficient  cause  against  the  same,  and  tlie  said 
chancellor  or  judge  shall  then  proceed  further  to  in- 
quire, on  such  further  notice  as  he  may  prescribe,  whe- 
ther the  bank  be  clearly  solvent  or  not,  and  may  require 
the  officers  of  the  bank  to  exhibit  any  and  all  of  its 
books,  papers,  accounts,  assets,  moneys  and  efi'ects,  and 
be  examined  on  oath  touching  the  same  bctbre  him, 
and  if  it  shall  appear  th  it  said  bank  is  not  clearly  sol- 
vent, then  he  may  make  an  order  declaring  the  same  to 
be  insolvent,  and  requiring  its  afl'airs  to  be  wound  up 
and  settled  ;  and  further,  if,  in  his  opinion  the  safety  of 
the  creditors  shall  require  it,  such  judge  or  chancellor 
may  •j[)point  a  receiver  to  take  charge  of  the  assets  of 
the  bank  and  to  close  and  settle  its  afl'airs,  and  may 
make  all  such  orders  for  the  accomplishment  of  the 
ean)e  safely,  properly,  and  economically,  as  the  case  may 
require;  but  if^t  shall  appear  on  such  examination  that 
said  bank  is  already  solvent,  or  if  there  shall  appear  to 
be  a  deficiej)cy  of  assets,  and  tiie  bank  shall  [irocure 
and  give  good  security  for  the  payment  of  any  defi- 
ciency which  may  exist,  and  that  the  assets  shall  prove 
sutlicient  to  pay  or  satisfy  all  the  debts  of  the  bank,  to 
tlie  satisfaction  of  the  judge  or  chancellor,  then  no  such 
receiver  shall  be  appointed,  and  upon  the  payment  of 
the  debt  complained  of,  the  injnnctiijn  and  proceedings 
shall  be  dismissed,  and  such  oi'der  shall  bemadeforthe 
p.iyment  of  costs  as  the  judge  or  chancellor  shall  deem 
proper  and  just,  and  the  proceedings  shall  be  returned 
iind  ma<le  of  record  in  the  chancery  court  of  the  county 
or  distiict  in  wliich  said  bank  is  located,  atid  shall  be 
subject  to  revision  and  correction  by  the  supreme  court, 
as  in  other  cases. 

Skc.  20.    Be  it  further  enacted^  That  in  case  tlie  said 

■v^g„  jngoi^gnt  baidv  be  found  insolvent,  and  settlement  of  its  aliaira 

how  to  proceed!  jjy  ordered  as   herein   provided,  the  same  shall  be  done, 

upon  bill  filed  in  said  cha)>cery  court,  under  the  order 

of  court  and  rules  of  chancery,  and   full  distribution 

shall   be  made  of  the  assets 'according  to  the  rights  of 


\.  il7  1862. 


all  parties;  Dut  tne  holders  of  bank  notes  aiul  ol)lio;a-  niii-hP\ricri  pre- 

tions  issne<l  for  circulation  as  money,  sliall  he  lirst  called  '"^"^'^  creditors. 

in   and   paid,  and  shall   have  priority  over  othor  debts 

due  from  the  bank,  and  alter  the  assets  of  the  bank  are 

exhausted,  if  they  be  not  suthcient  to  pay  all  debts  and 

liabilities,  a  further  call  shall  be  made  on  the  st()cddit)l- Kirue.""'^" 

ders  in  the  bank  for  a  further  payment  of  capital,  over 

and  above  the  sum  of  one  hundred  dollars,  of  an  amount 

equal   to   the  deiiciency,  which   shall    be   apjiortioned 

among  all  the  shares  of  stock,  and  an  order  shall  be    or.ier  or  the 

made  by  the  court  for  the  payment  by  each  shareholder  *'°"'"'- 

of  the   sum  or  proportion   due  on    his  share  of  stock, 

and  each  shareholder  shall   pay  the  sum  so  assessed  to 

him,  severally,  in  proportion  to  his  stock. 

Sec.  21.    Be  it  further  enacted,   That   the   summary  l^'-™^''/'*"',"?'"^ 

..,.■'.  ..  ,         ,   *     ing  not  applica- 

remedy  m    this    act,   tjiven    lor   settling    up    and    do- ''fio  mere  m*. 
sing  the  affairs  of  said  bank,  sliall   apply  to  the  case  ot'"'"*°"* 
insolvency,  but  shall   not  be  allowed  in    the  case  of  a 
suspension  of  specie  pa^Muent  only  by  the   bank,  when 
and   so  long  as  such  suspension  shall   be  sanctioned  by 
the  general  assembly,  or  by  the  governor  of  the  state 
during  the  recess  of  the  general  assembly;  but  nothing 
in  this  act  contained  shall  be  so  construe<l  as  to  deprive 
a  creditor  of  said  bank  of  his  right  to  suit  in  any  other 
a[»pro[»riatc  mode  of  jiroceeding,  or  to  [)revent  the  gen- 
eral  assembly  from   hereafter  regulating,  by  a  general 
law  in   relation   to  banking  institutions,  the  mode  of 
enforcitig  and  satisfying  the  rights  of  creditors  of  said 
bank:  Providrd,  that  any  bill  holder  shall  have  the  right  Proviso, 
to  move  in  any  court  having  jurisdiction,  or  before  any 
jiisticeot  the  peace  in  the  town  or  county  in  which  the  holder, 
bank  is  located,  as  the  case  may  recpiire,  for  the  C(dlec- 
tion  of  any  bill  the  payment  of  which  may  i)e  relused. 

8ec.  22.     Be   it   farther  enacted.  That  notwithstand-    corporation 

-1  •       .  •        ■     ,■      I  •  ,.  1  •    1  •  1  name  m   »uit« 

ing  tne  expiration  ot  the  time  for  which  said  corpora- audiiquidaiion». 

tioii  is  created,  it  shall   be  lawful  to  use  the  corporate 

name,  style  and  capa(,'ity,  for  the  purpose  of  suits,  and 

for  the  final    liqiii.lation   and   settlenu-nt  of  the   affairs 

and  accounts  of  the  corporation,  for  the  sale  and  di>|»o- 

sition  of  its  estate,  real  ami   per:<oiial,  and  collection  of 

its  assets,  l)ut  not  for  any  other  purpose,  nor  for  a  p<'- Limitukm. 

riod   exceeding  two  years  after  the  expiration  of  said 

term  of  incorporation. 

Skc.  23.    Ikit  further  enacted.  That  said   bank  shall  i^'^/JiVr** 


isr.ue  no  notes  or  bills  or  u  less  denomination  than  one 
dollar. 
Approved  December  1,  18G2. 


No.  108.]  A'N'  ACT 

To  incorporate  the  Red  Mountain  Iron  and  Coal  Com- 
pany. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  Statf-  of  Alabama  in  General  Assembly 
convened^  That  Wm.  B.   Gilmer,  Wm.  C.   Bibb,  John 
i»«orporator3.    jy   p[,elan,  F.  M.  Gihiier,  jr.,  John  T.   Milner  and  oth- 
ers,   their  associates,    now   composing   the  "Alabama 
Arms  Manufacturing  Company,"  under  an  asso(.;intion 
made  agreeably  to  the  provisions  of  the  Code  of  Ala- 
bama, touching  private  corporations,  are  hereby  created 
a  body  corporate,  under  the  name  and  style  of  thii  Ked 
sameofOompi- Mountain  Iron  and   Coal  Company,  and  invested  with 
''^'  all  tbe  usual  corporate  powers  necessaiy  to  a  corporate 

Powers.  existence  ;  such  as  to  have  and  use  a  common  seal,  and 

the. same  to  alter  at  pleasure;  to  ordain  all  lawful  by- 
laws and  regulations  needful  to  the  purposes  of  the 
corporation  ;  to  hold  all  real  and  personal  estate  es- 
sential to  their  business,  and  i'cnerally  to  do,,  in  a 
corporate  way  and  manner,  all  things  within  the  legiti- 
mate scope  of  the  business  and  purposes  of  said  corpo- 
ration, which  are  hereby  declared  to  be  mining  for  coal 
and  iron,  and  the  making  and  general  manutacture  of 
iron  on  their  lands  in  Jeflerson  and  Shelby  counties. 
Sec.  2.  Be  it  further  enacted,  That  in  order  to  facil- 
stghitocontract  itate  their  operations  in  c()al  and  iron,  tiie  said  compa- 
ny fire  hereb}'  invested  with  the  right  to  construct  such 
works  on  the  Cahaba  river,  in  Shelby  and  Jefferson 
counties,  ns  thej'  may  deem  necessary  to  create  slack 
water  navigiitiun  on  said  river,  above  and  below  the 
crossing  of  the  Tennessee  and  Alabama  Central  Rail 
umitofioii.  Road,  and  shall  be  allowed  to  charge  and  collect  a  toll 
upon  all  tonnage,  timber,  or  other  commodity,  trans- 
ported by  the  public  ou  said  river  thus  improved,  not 
to  exceed  tive  cents  [jcr  ton  per  mile,  and  shall  also  be 
allowed  to  use  in  propelling  their  own  machinery,  or  to 


119  18G2. 

let  to  others  the  water  power  created  by  the  construc- 
tion of  their  works. 

Sec.  3.  Be  it  further  enacted.  That  said  company  is  Furjicrnghu. 
hereby  antliorizcd  to  purcliase,  receive  and  hoUl,  such 
estate  as  may  be  necessary  and  convenient  for  tiie  river 
improvements,  mentioned  in  section  2  of  this  act,  and 
may,  by  their  a_<^ents;  engineers,  and  servants,  enter 
upon  all  hinds  and  tenements,  upon  which  tliey  may 
deem  it  necessary  to  construct  works  for  tiie  ]>urp()ses 
above  mentioned,  and  to  survey,  locate,  and  contract 
for  the  right  of  way  through,  or  damages  to  said  lands, 
or  tenements,  with  the  owners  or  managers  of  the  lands 
along  said  river,  and  when  the  company  and  the  par- 
ties owning,  or  controlling,  an}'  lands  along  the  con- 
tempi  ited  river  imiirovemeiits,  cannot  agree  as  to  the 
damage,  it  sh;di  be  lawful  to  proceed  in  the  assessment 
of  said  damages,  as  set  forth  in  sections  9,  10  and  11 
of  an  an  act  entitled  '-An  act  to  incorporate  the  Rus- 
sell Hail  Road  Company,"  approved  February  10,  1852, 
b}'  substituting,  where  the  word  rail  road  occurs,  the 
words  "  river  improvements."  See  pages  1G9  and  170 
of  Acts  I80I-2. 

Skc.  4.  Be  it  further  enacted.,  That   the  capital  stock  Capital  ^tock. 
of  said  company  may  be  increased   at  the  discretion  of 
the  board  of  directors,  so  as  not  to  exceed,  at  any  time,    in.iivi.iuai  lu- 
the  sum  of  twelve  hundred  and   tifty  thousand  dollars,  *"'"*• 
divided  into  shares  of  one    hundred  dollars  each  ;  the 
indivi<lual  liability  of  any  stockholder  shall  not  extend 
beyond  the  amonnj  of  stock   owned  by  him,  but  each 
stockholder  shall  be -liable  to  that  extent  out  of  his  pri- 
vate property  Ibr  any  debt  or  defalcation  created  or  in- 
curred during  the  time  he  was  a  stockholder. 

Six./).  Be  it  further  enacted.,  That  the  acceptance  of  Acreptanccsbaii 
this  act  of  incorporation,  by  the  Alabama  Arms  Mann-''***" 
facturing  Conjpany,  shall  vest  in  said  company,  under 
its  new  name,  all  the  powers  and  privileges,  and  riglits 
of  property,  and  claims  of  every  kind,  now  held  or  en- 
joyed by  said  Alabama  Arms  Manufacturing  Company, 
and  subject  it  in  like  manner  to  all  the  duties,  obliga- 
tions, contracts,  and  liabilities  of  every  kind,  »iow  rest- 
ing upon  said  Alabama  Arms  Manufactaring  Company, 
and  said  acceptance  may  be  lawfully  signiticd  by  a  res- 
olution of  the  board  of  directors  of  said  company,  en- 
tered on  their  minutes. 

Approved  Xoveuibcr  5,  1862. 


1862. 


120 


No.  109.] 


AN  ACT 


■•^ 


Inoorperators. 


Powers. 


To  Incorporate  the  Selrna  Iron  Foundry  Company. 

Skc.  1.  Be  it  enacted  h>/  the  Senate  card  House  of  liejyre- 
se/ffatives  of  the  State  <>/  Alabama,  in  General  Assembly 
convened,  That  0.  J.  .McRao,  ami  such  other  persons, 
as  now  are,  or  may  herejifter  be,  assocuited  with  him, 
for  the  purpose  hereinafter  ex)»ressc(l,  are  liereby  Cou- 
stitnted  a  body  cori»or!ite,  with  j»owor  of  continual  sc^p- 
cession  to  them,  their  heirs  and  assigns,  with  power  to 
sue,  and  be  sued,  contract  and  be  contracted  with,  to 
hobl,  alien,  and  convey,  buy  and  receive  real  ami  per- 
sonal estate  of  all  kinds,  and  to  have  and  to  use  a  com- 
mon seal,  and  the  srme  to  chauije,  or  alter,  at  will,  to 
make  and  execute  contracts,  promissory  notes,  »lrafts, 
bills  <if  exchani^e,  avd  other  obligations  under  seal,  and 
not  under  seal,  all  of  which  shall  bind  the  projterty, 
and  all  the  interests  of  said  corporation. 

Sec.  2.  Be  it  furllar  enac/cd^  That  said    corporation 

U6manufacture3g]j.)i|  i^.jyg  pfj^yy,.  ^^  m  jui  ufacturc  all  aud  everything 
niJide  of  iron,  brass,  eopjtcr,  lead,  or  wood,  in  all  of 
their  forms  and  branches,  ajul  to  purchase  and  own  min- 
eral lands,  and  to  ojien,  iiiid  work  iron,  copper,  lead, 
and  coal  mines  in  iiny  part  of  the  iState  of  Alabama. 
8ec.  22.    Be  it  further  enocfed,  That  said  corporation 

Name.  shall  be  known  by  the  name  of  tlie  Selnui  Iron  Foun- 

dry Company;  and  in  that  name  may  sue  and  be  sued, 
in  any  court  of  law  or  ecpiity,  aud  may  juirchase,  hold 
and  enjoy  f)roperty,  real  and  personal,  and  sell  and  con- 
vey the  same  at  pleasure,  and  contract  and  be  contract- 
ed with,  in  the  san)e  manner  as  is  usual  to  ct)rporations 
of  like  character,  kind  or  description,  in  aj»y  amount 
the  body  corporate  may  deem  necessary  to  carry  all  the 
olijeets  of  said  corpoi'ation  into  full  foi'ce  and  cttect. 
Skc.  4.  Be  it  farther  enacted,  That  said  corpf)rate  body 

Asto  By-laws.  <^\y,^\\  Imvc  powcr  to  onhiin  and  establish  such  by-laws, 
rules  and  regulations,  for  the  government  and  conduct 
of  its  officers,  and  agents,  as  it  shall  deem  approjiriate 
to  its  business,  not  in  conflict  with  the  laws  and  consti- 
tution of  the  State  of  Alabama,  and  the  Confederate 
States. 

Sec.  5.    Be  it  farther  enacted,  That  the  capital  stock 

Of  what  capital  of  Said  Company  may  consist  of  the  property  in  Sohna, 

stock  may  con-  j^^j^.^g  couuty,  Ahibauia,  now  held  by  said  C.  J.  McRae, 


121  1862. 

and  liis  associates,  consisting  of  five  acres  of  land,  more 
or  less,  with  the  buildings  and  niacliinery  thereon,  and 
thereto  apperraining,  together  with  all  personal  proper- 
ty, owned  by  said    association,  and  such  other  real  and 
personal  estate  of  said  company,  and  their  future  asso- 
ciates and  assigns,  may  think  proper  and  necessary  to 
pnnhase  for  the  use  of  their  said  business,  not  exceed- 
ing in  amount  the  capital  stock  of  such  association,  and 
said  stock  may   be  valued,  by  said   conii)any,  at  such  ghares each, 
sum  as  they  mny  determine  on,  and  divided  into  shares 
ot  one  hundred    do!hirs   each,  but  the  capital  stock  of  Limit  of  capu»i 
said  association,  or  body  corporate,  shall  never  exceed  '"^''■ 
two  million  of  dollars. 
Approved  December  5,  1862. 


No.  110]  AN  ACT 

To  incor[)orate  the  Bibb  County  Iron  Company. 

Section  1.  Be  it  niacfrd  b)j  the  Senate  mid  Ilnusc  of  Eep- 

rescntatircs  of  the  State  of  Alabama  in  General  Assembly 

c  livened,  That  C.  C.   Iluckabee,  Newton   8mith,  G ray  ^""^'P^"'*"*- 

IIiKkal)co, Wilson,  A.  S.  Huntington,  and  VV. 

M.  Smith,  together   with   such  persojis  as  now  are,  or 

may  hereafter   be,  associated   with  them,  for  the  jiur- 

'loses  hereinafter  expressed,  are    hereby   constituted  a 
.,wl,.  ,„-....,^.....f ,«    ,..:*K  e 4.: i  „.,,...,..,.;...,  4.^ 


Powera, 


iiiachinery,  and  jtersonjil  pr()|>ert3'  generally,  to  have 
and  to  use  a  common  seal,  and  the  same  to  change  or 
alter  at  their  pleasure,  to  make  and  to  execute  con- 
tracts, promissory  notes,  drafts  and  bills  of  excliange, 
and  other  obligations  under  seal,  and  not  under  seal, 
and  with  or  without  their  corporate  seal,  all  of  which 
nhall  bind  the  property  and  all  the  interests  of  said 
c«»rporation. 

Six.  2.  Beit  farthvr  enacted,  Tliat   sai<l  corporation,  N»nio  of  comp*. 
being  located  in  the   countj    of  Bibb,   shall    be  known  "^" 
by  the  name  of  the  Bibb   County  Iron   Com|)any,   and 
in  that  name  may  sue  and  be  sued,  in  any  court  of  law 
or  e(|uity  in  this  State,  and  may  [.urchase,  hold  and  en- 


1862.  122 

joy  property,  renl  or  personal,  aiul  sell  aiul  convoy  the 
same  at  pleasure,  and  contract  and  be  contracted  with, 
in  the  same  manner  and  to  the  same  extent  as  is  usual 
to  corporations  of  like  charaecor,  kind  or  description, 
in  ail}'  amount  the  body  corporate  may  deem  necessary 
to  carry  all  the  objects  of  said  corporation  into  full 
force  and  eft'ect. 

Sec.  3.  Be  it  farther  enacted.  That  said  corporate  body 

Ab  to  its  manu-    t     1 1  i  ,  o     i  •  ^    i   /•  .  i     • 

factures.  Shall  liavc  powcF  to  manufacture  pig  metal  from  their 

ir(^n  ore,  at  the  furnaces  tliey  have  now  erected,  and 
may  hereafter  erect;  and  said  jjig  metal  to  be  manu- 
factured into  iron  of  any  description,  and  into  any  and 
every  thinci:  made  of  iron. 

Shc.  4.  JBe  it  further  enacted,  That  said  coi-porate  body 

AstoBj-iaws.  g],.,ii  liave  power  to  ordain  and  establish  such  by-laws, 
rules  and  regulations,  for  the  government  and  conduct 
of  its  officers  and  agents,  not  inconsistent  with  the  laws 
of  this  State  and  the  Confederate  .States,  as  it  shall 
deem  appropriate  to  its  business. 

Sec.  5.     Be  it  further  enacted,  That  the  capital  stock 

Of  what  capital  of  Said  compaiiv  may  consist  of  the  property,  real  and 
o  coneiBi.  pyj.po,,;,]^  jjj  Bibb  ''ounty,  now  held  by  the  parties  named 
in  the  first  section  of  this  act,  situated  not  far  from 
Bibb  station,  on  the  Alabama  and  Tennessee  Kiver 
Kail  Koad,  consisting  of  five  thousand  acres  of  land, 
more  ov  less,  on  which  their  furnaces  are  being  erected, 
and  also  the  pcr.-^onal  property  thereon,  and  it  may  con- 
sist of  such  other  property  and  money  as  may  hereafter 
be  associated  and  connected  therewith  by  said  com[»a- 
ny,  and  tlieir  associates  or  assigns,  and  said  stock  may 

Shares  each.  be  valucd  by  Said  company  at  such  sum  as  they  may 
determine  on,  and  divided  into  shares  of  one  hundred 

....    ,  .   ,    dollars  each,  but  said  capital  stock  shall  never  exceed 

Limit  of  stock.    .  '  1         1  1        I  1   f  ,•  1  1 

in  value  the  sum  of  twelve  hundred  and  fiity  tiiousana 
dollars. 

Sec.  6.  JBe  it  further  enacted.  That  the  individual  lia- 
r.  .    .    r     J-  bility  of  any  stockholder  shall   not  extend  beyond  the 

Extent  of  indi-  •'  o  i  iii-  n  i  iiii 

Tiduai  uabiiity.  amount  of  stock  owucd  by  him;  liut  each  stockholder 
shall  be  liable  to  that  extent,  out  ot  his  private  proper- 
ty, for  any  debt  or  defalcation  created,  or  incurred  du- 
■J^SSSilO'i  ring  the  time  he  was  a  stockholder. 

Sec.  7.  JBe  it  further  enacted,  That  the  acceptance  of 
Acceptance  of  this   act   of  incorporation,    by   the  Bibb    County  Iron 

charter  Bhall  vest  y-,  iii.^-  •  ^  ^         -^ 

Company,  shall  vest  in  said  company,  under  its  new 
name  and  character,  all  the  powers  and  privileges,  and 


123  1862, 

rijxlits  of  property,  and  claims  of  every  kiiul,  nmvTield, 
owned,  or  employed  by  said  Bibb  County  Iron  Coni- 
pany  ;  and  subject  it  in  like  manner  to  all  the  duties, 
obliiJ^ations,  contracts  and  liabilities  of  every  kind,  now 
restins^  upon  said  Bibb  County  Iron  Company,  and  said 
acceptance  may  be  lawfully  sii^nified  by  a  resolution  of 
the  board  of  directors,  entered  on  their  minutes. 
Approved  November  19,  1862. 


No.  111.]  AN  ACT 

To  incorporate  Ilale  &  Murdock's  Iron  Company,  of 
Fayette  county,  Alabama. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  Eotuse  of  Bcjjre- 
sentatives  of  the  State  of  Alabama  in  General  Asmmlly 
convened,  That  Harrison  Hale,  Abraham  Murdock  a n d  incorporator*. 
Samuel  W^olff,  and  their  associates  or  assigi>s,  be  and 
they  are  hereby  created  a  body  ]iolitic  and  corporate, 
utider  the  corporate  name  of  Hale  and  Murdock's  Iron  Name. 
Company,  and  by  that  name  may  sue  and  be  sued,  plead 
and  be  impleaded  in  any  ccmrt  of  law  or  equity. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  stock  Capital  stock. 
of  said  corporation  shall  not  exceiM  five  hundred  thou- 
sand dollars,  divided  into  shares  of  seventy-five  d(>llar3 
each. 

Sec.  3.  Be  it  further  enacted,  That  said  company  shalP''""'"""'**'"'" 
be,  and  they  are  hereby  authorized  to  manufacture  iron 
from  the  ore,  to  refine  the  same,  or  to  make  generally 
any  or  all  kinds  of  iron  or  iron  wares. 

Si;c.  4.  Be  itfarlhrr  cua-^tcd.  That  said  company  shall  A'toBy-'*"'- 
be  authorized  to  m:ike  all  needhil  by-laws  f«)r  the  man- 
agement of  its  business,  property  or  effects,  and  the 
transfer  of  its  stock,  as  in  the  judgment  of  said  com- 
pany may  seem  best :  Pron'ded,  tlie  same  are  not  incon- 
sistent with  the  laws  of  this  state,  or  the  Confederate 
States. 

,Si.;c.  .5.  Be  it  further  enacted,  That  said  company  shall  ^"° ''*"*''*•• 
be  authorized   to  purchase,   liold   and    enjoy  stu-h   an 
am<»unt  of  real   estate  as  to  them  shall  seem  for  their 
interest,  not  exceeding  ten  thousand  acres. 

Si.c.   6.    Be  it  furthir  cimctcd.  That  whereas,  the  said 
comi»any  has  erected  in  the  county  of  Fayette  in  this 


1862.  124 

state,  and  on  section  20,  township  15,  rano;e  15,  west,  a 
blast  furnace,  that  it  shall  not  be  lawful  for  any  perrfon 
or  persons  to  sell  spirituous  or  vinous  liquors  within  a 
distance  of  five  miles  from  sai<l  furnace,  in  less  quanti- 
ties than  five  gallons,  and  that  any  person  or  persons 
so  offending  shall,  upou  conviction,  be  lial)le  to  the  pen- 
alties now  or  hereafter  provided  for  retailing  liquors 
without  license. 

Approved  November  8,  1862. 


No.  112.]  AN  ACT 

To  amend  the  charter  of  the  Shelby  County  Iron  Man- 
ufacturing Company. 

Sec,  1.  Be  it  enacted  by  the  Senate  and  House  of  liep- 
resentativef)  of  the  State  of  Alabama  in  General  Assembly 
coiivevcd.  That  the  act  entitled  "an  act  to  incorporate 
the  Shelby. county  iron  manufacturing  company,"  ap- 
proved Felirnary  4th,  1858,  be  and  the  same  is  hereby 
amended  as  hereinafter  enacted. 

SiiC.  2.  Be  it  farther  enacted,  That  the  name  and  style 

Name  changed.   Qf  g^jd  comi)any  be,  and  the  same  is  hereby  changed, 

so  as  to  be  called  and  styled  "the  Shelby  Iron  Compa 

ny,"  and   that  ,the  persons  now  acting  as  corporators 

under  said  act,  to-wit :   Horace  Ware,  of  Shelby  county, 

and  liis  associates,  to-wit:  John  M.  McOlanahan,  John 

E..  Kenan,  Henry  H.  Ware,  Andrew  T.  Jones,  John  W. 

Lapsley,  and  Jatnes  W.  Lapsley,  and  their  associates, 

Present  parties ^^''*-'^'^^*''^'''^  ^'^'^   assigus,  are  hereby  recognized  and  de- 

a  lawful  incor- elared  to  be  a  lawful  incorooration,  under  the  name  and 

poration,  .     ,  „     ,  r> .      ■ .        t  a>,  >.  i  i 

style  of  the  "Shelby  Iron  Company,  and  as  sucli  are 
declared,  with  all  the  rights,  powers  and  privilfges 
granted  in  and  b}^  the  act  aforesaid,  and  this  amenda- 
tory act. 

Skc.  3,  Be  it  further  enacted,  That  said  company  shall 

May  elect   board  i  .1  •     \  ^     '  1  it  1      4.-     .  ,   „« 

of  Directors.      havc  tlic   right,  lu  sucIi   manner  and  at  such   time  or 
times  as  they  may  deem  proper,  to  elect  out  of  their 
number  aboard  of  directoi'S,  to  consist  of  such  number 
as  the  company  may  prescribe,  to  be  increa-'ed  ^ir  di- 
wijat  the  board  1^1  ill  is  hed  at  the  pleasure  of  the  company.     Said  board, 
maydo,  wlicu  elcctcd,  shall  have  the  right  to  elect  one  of  their 

number  president  of  the  board  and  of  the  company, 


125  1863. 

the  Torm  or  whose  office  will  be  commensurafe  with 
that  of  the  dirocf-ors  electing  him.  Said  bmii'd  (sulject 
always  to  the  control  of  the  company,  acting  in  meet- 
ing,) shall  have  the  supervision  and  management  of  the 
business  and  affairs  of  the  company,  with  power  to  elect 
or  appoint  all  officers  of  the  company,  in  addition  to 
the  presidenl,  and  to  define  and  prescribe  their  qualiti- 
cations  and  duties,  and  to  make,  and  alter  at  pleasure, 
all  rules,  regulations  a.nd  by-laws  deemed  proper  and 
needful,  not  inconsistent  with  the  constitution  and  laws 
of  this  state  or  of  the  Confederate  States. 

Skc.  4.    Be  it  fnriha-  en/ided,  That  each  member  of  as to voungaad 
the  corporation  shall,  at  all  meetings  of  the  stockhold- ^i""''"™- 
ers,   be  entitled   to  one  vote  for  every  share   of  stock 
owned  ;  and  to  constitute  a  meeting  of  the  stoekiiold- 
crs  f>)r  the    transaction  of  business,  a  majority  ot  the 
stock  of  the  company  shall  be  represented  l)y  the  stock- 
holders in   person,  or  by  proxy  duly  appointed  in  wri- 
ting ;  the  company,  thus  acting,  shall    have   power   to 
admit  new  members  on  such  terms  and   conditions  as 
maybe  prescribe<l,  and  to  increase  the  amount  of  slock    p^oYijo  a,  to 
as  may  be  desirable:    Frocided,  the  same  shall  not  ex- capuai  stock. 
ceed  two  millions  dollars. 

Approved  November  20,  1862. 


No.  113.]  AN  ACT 

To  incorporate  the  Mobile  and  Three  Mile  Creek  Plank 
Uoad    Company. 

Sec.  1.  Be  it  enacted  t>y  the  Senate  and  House  of  Reprc- 
B^ntalivcs  of  (he  Slate  of  Alabama  in  General  Assembly 
conccncil.  That   William   F.  Cleveland,  Jatnes   Mealier,  incorporaiore. 
John  Morgan  Brown,  Trice  Williams,  John  F.  liawles, 
and   their  associates,  be  and  they  are  hereby  created  a 
body  corporate,  by  the  name  and  style  of  the   Mobile  Name. 
and  Three  Mile  Creek   Plank  Hoad  Company,  and  bv 
that  name  may  sue  and   be  sued,  and  have,  hold  and 
own  in  their  corporate  name,  property  not  to  exceed  in  1^?!),'"  '°'^'" 
value  over  the  sum  of  twenty  thousand  dollars. 

Src.  2.  Be  it  farther  enacted,  That  said  company  be, 
ajid  tho.y  are  hereby  authorised  to  grade  and  jdank  thepowwi. 
road  leading  from  Mobile,  in  the  city  and  county  of 


1862.  126 

Mobile,  Alabamfi,  in  a  northerly  direction,  known  as 
the  telegraph  road,  which  said  plank  road  shall  oom- 
meno<3  on  the  north  side  of  one  mile  creek,  (or  bayou 
MarnuU,)  thence  along  said  telegraphic  road  through 
the  swamp,  northwardly,  to  the  south  side  of  three  mile 
creek;  said  road  to  he  graded  and  planked  twenty  feet 
Avide,  with  good  heart  plank,  at  least  three  inches  thick. 
And  said  company  ai'e  to  keej)  said  road  in  thorough 
repair  at  all  times  tor  public  travel,  for  which  they  are 
hereby  authorised  to  charge  and  collect  a  reasonable 
toll ;  that  if  said  company  shall  allow  said  road  to  get 
out  of  repair,  or  so  as  to  be  dangerous  to  travel  for 
thirty  days  at  any  time,  this  charter  may  be  declared 
forfeited,  by  the  grand  jury  of  said  county. 

8ec.  3.  Be  it  farther  enacted^  That  said  company  be, 

^'^^°'"  ^'"'"■•and  they  are  hereby  authorised  to  straiten  said  road,  if 

need   be,  also  to  take  dirt  from  the  adjacent  lands  to 

grade  and  perfect  said  road  for  reception  of  planking. 

Skc.  4.    Be  it  further  enacted^    That  said  corporation 

Ma-open  books,  i^jjp^gj  ^,^  ^\^\^  charter  be,  and  they  are  hereby  author- 
ised to  open  books  for  stock  in  said  road,  and  that  the 
shares  shall  be  one  hundred  dollars  each,  and  each  party 
subscribing  shall  at  the  same  time  pay  down  in  cash  the 

B-«iiat!on  ^"'^^  often  dollars  per  share  upon  the  same;  that  when 
a  suthcient  amount  of  stock  has  been  subscribed,  as  in 
the  opinion  of  said  corporators  shall  be  sufficient  to 
build  the  same,  they  shall  call  a  meeting  of  stockludd- 
ers,  and  elect  three  of  their  number  as  a  board  of  di- 
rectors, one  of  whom  may  be  chosen  by  said  board  to 
act  as  president ;  they  shall  hold  elections  annually,  and 
make  reports  of  the  condition  of  the  monetary  affairs 
of  the  road.  "JMie  board  elected  shall  hold  office  until 
their  successors  are  duly  elected.  Said  board  shall  have 
power  to  pass  all  by-laws,  rules  and  regulations  for  said 
ccH'poration,  which  they  may  think  necessary,  and  elect 
or  apjioint  all  such  agents  as  they  may  need,  so  that 
nothing  is  done  to  conilict  with  the  state  or  Confederate 
laws. 

Sec.  5,    Be  it  further  enacted,  That  if  any  person  shall 

r(jn.iuyfo-dam-^vilfQ]|y  Q,.  intentionally  damage  or  obstruct  said  toll 

aging  or  obstiuc-  "^  ,  .J  •  ^  ^  3 

Mng.  gate,  or  house,  belonging  to  said  road  and  companj'  road, 

they  shall  be  subject  to  fine  and  impi'isonment,  at  the 
discretion  of  the  jury  trying  the  same;  also  that  any 
person,  who  shall  wilfully  and  intentioi.ally  travel  said 
road,  and  fail  or  refuse  to  pay  the  toll  charged  upon  the 


127  1862. 

eame,  every  such  person  shall  be  liable  to  five  dollars 
damages,  on  a  summons  to  appear  belore  any  justice  of 
the  peace,  who  may  try  said  case  and  award  said  danj- 
ao^es,  for  the  use  of  said  company,  and  the  cost  of  said 
suit. 

Si:c.  6.  Be  it  farther  enacted,  That  said  company  are  ^v  borrow  mo- 
hereby  authorised  to  borrow  money,  upon  tlie  taith  of"**^' 
said  road,  and  may  morri!:age  the  same  therefor ;  that 
any  promissory'  note  or  bill  of  exchange  made  by  tho 
treasurer  of  the  board  and  countersigned  by  the  secre- 
tary, as  such,  in  their  olhcial  character,  when  sued  upon 
and  judgment  had,  shall  create  a  lien  upon  said  road, 
for  which  the  same  may  be  sold  if  said  deht  is  not  paid. 

Sec.  7.  Beit  further  enacted,  Tliat  said  road  is  hereby  *^"y  pnrchaM* 

,1.1,  1  ,  ■,  ,        ,.  ,.''   >  ores  at  each 

authorised  to  procure,  by  purchase  or  by  valuation  of  a  end. 
jury  of  seven  disinterested  persons,  at  least  two  acres  of 
land  at  each  end  of  said  road,  for  the  erection  of  toll 
houses,  gates,  toll  gatherers'  residence,  and  may  build 
suitable  honses  for  the  same. 

Sec.  8.    Be  it  farther  enacted,  That  the  stockholders    LUMruof 
shall   only  be  liable  for  the  amount  of  stock  each  one*'°'=''^°^"'"''- 
may  subscribe,  and  the  board  of  directors  shall   make 
all  rules  necessary  for  transfer  of  stock;  but  no  stock- 
holder shall  be  authorised  to  dispose  of  his  stock  whilst 
indebted  to  the  company. 

Sec.  9.     Be  it  farther  enacted.   That    at   any  annual    "oardraarre- 

.•  .1  t       i'  1      1  I  /•  />   •  ,.   auire  bonds. 

meeting  the  stocklioldcrs  may  require  ot  any  ot  its  of- 
ficers, or  the  board  of  directors  may  also  require  of  any 
of  its  ofiicers,  bonds,  with  security-,  for  the  faithful  per- 
formance of  their  duties  in  otlice,  and  in  the  event  of  a 
failur'^  or  forfeiture,  may  be  sued  and  recovered  upon. 

Sec.  10.  Be  itfarijier  enaeied,  That  said  company  must  "n'JeaT"''" 
build  and  complete  waid  rt^ad  within  two  years  from  the 
approval  of  this  bill,  or  this  charter  shall   be  null  and 
void. 

Apj. roved  November  7,  18G2. 


No.  111.]  AN  ACT 

■^^    'Mcorporate  the  Chewackla  Lime  Company. 

tJ.c.  1.    Be  it  marled  hi/  the  Senate  and  House  of  Bep- 
resentaiives  of  tJie  Slate  of  Alabama  in  General  Asstmbly 


1862.  128 

incorpoiaforeK  cciiveved,  Thiit  Cliai'les  T.  Pollard,  Samuel  G.  Jone?,  and 
William  C.  Yonge,  their  associates,  ami  such  other  per- 
sons as  may  hereafter  be  associated  with  them,  and  their 
successors  be  and  they  are  lierehy  constituted  a  body 
corporate,  in  fact  and  iu  name^  under  the  style  of  the 
Chewackla  Lime  Company',  and  by  that  name  shall  be 
and  are  hereby  made  able  and  capable  in  law  to  have, 
purchase,  receive,  possess  and  enjoy,  aiid  realize  to  them 
and  their  successors,  lands,  rights,  tenements,  heredita- 
ments, goods,  chattels  and  eti'ects,  in  any  amount  the 
body  corporate  may  deem,  necessary  to  carryall  the  ob- 

rowere,  jects  of  said  corporation   into  full    force   and   efi'ect ; 

which  objects  are  to  mine  lime  rock  and  manufacture 
the  same,  and  to  keep  up  and  lun  such  machinery  as 
may  be  necessary  to 'saw  lumber  and  make  barrels  for 
the  packing  of  said  lime,  and  the.  same  to  sell,  devise, 
grant,  alien  and  dispose  of,  to  sue  and  be  sued,  to  plead 
and  be  impleaded,  to  answer  and  be  answered,  dv^'end  ■ 
and  be  defended  in  all  courts  having  jurisdiction,  to 
make,  use  and  have  a  common  seal,  and  the  same  to 
break,  alter  and  renew  at  pleasure. 

Sec.  2.    Be  it  further  enacted.  That  said  body  corpor- 

BttmbcrSSs^^^  ®''''^'  ^^^^®  ^^'^  privilege  of  prescribing  the  amount 
of  capital  stock  of  said  company,  and  the  number  of 
shares  into  which  it  shall  be  divided,  the  mode  in  which 
it  shall  be  taken,  paid,  transferred  or  assigned,  and  also 
to  provide  the  mode  by  which  stockholders  may  vote; 
to  authorise,  establij^h  and  j)Ut  into  execution  such  by- 
laws, ordinances  and  regulations  as  ^'hey  may  deem. ne- 
cessary and  expedient  for  the  government  of  said  cor- 
E oration,  not  being  inconsistent  with  the  laws  of  Ala- 
ama  or  of  the  Confederate  States  of  America,  and  in 
general  to  do  and  execute  all  and  singular  the  acts, 
matters  and  things  which   may  be  necessary  to  make 

Proviso.  lime  and  sell  the  same:  Provided,  that  nothing  contained 

in  this  act  shall    be  so  construed   as  to  authorise  said 
company  to  do  anything  like  banking. 
Approved  December  0,  1862. 


^  129  1862. 

No.  115.1  ' '  ^^^'  AK  ACT  ^mjmmmci. 

To  incorporate  the  Southern  Express  Company. 

Sec.  1.  Bz  it  enacted  by  the  Senate  and  House  of  Hepre- 
sentatkes  of  the  State  of  Aaibama  in  General  Assembb/ 
convened,  That  C.  M.  Furnian,  C.  V.  ChaniberhTin,  S. 
C.  J.  A.  Ilartnan,  B.  F.  Fickliii,  Va.;  F.  W.  Dillard/"^"^'^'"""''- 
John  E.  Bacon,  Ga.;  Thomas  II.  Watts,  Geor<i^o  W. 
Campbell,  James  R.  Powell  and  JS".  J.  Scott,  Ala.,  and 
their  associates,  successors  and  assigns,  be,  and  they  are 
liereby  declared,  to  be  a  body  corporate  and  politic,  by 
the  name  ot  the  Southern  Express  Company,  tor  the  Name, 
purpose  of  an  express  transportation  business,  and  by 
that  name  may  cojitract  and  be  contracted  with,  sue 
and  be  sued,  plead  and  be  impleaded,  in  any  court  of 
law  and  equity  whatsoever,  and  may  make  and  have, 
and  use  a  common  seal,  to  be  changed  at  pleasure. 

SiiC.  2.  Be  it  further  enacted,  The  capital  stock  of  Capital  stock, 
snid  company  shall  he  five  hundred  tlunisatid  dollars, 
and  shall  be  divided  into  shares  of  one  hundred  dollars 
^ch,  and  in  case  the  said  capital  stock  be  found  insufii- 
cient  for  its  purposes,  such  company  may  increase  its  May  be  increased 
capital  stock,  from  time  to  time,  to  such  amount  as  may 
be  deemed  ncces.sary,  for  the  purpose  aforesaid,  tiot  ex- 
ceeding one  million  of  dollars;  such  increase  must  be 
sanctioned  by  a  vote,  in  person,  or  b}'  pro.vy,  of  two- 
thirds  in  amount  of  stock  of  the  company  present,  or 
represented,  at  a  meeting  of  such  stockholders. 

Sec.  8.  Be  if  further  enacted,  The  said  company  may  wuemo  eom- 
commence  business  as  soon  as  its  capital  stock  is  f\,|iy  ""encobusmese. 
Bubscrilied,  and  tifty  thousand  dollars  of  the  same  paid 
up;  and  on  such  subscriptions  being  ma<ie,   any  iive 
subscribers  to  said  stock  may  call  a  general  meeting  of  ^ 
the  stockholders  of  the  said  company,  by  serving  a  no-ei?.^'"  '""^*"" 
tice,  signed    by  them,  of  the  time  and  pUice  oi  such 
meeting,  twenty  days  at  least  before  the  time  of  hold- 
ing the  same,  on  each    stockholder,  personally,  or  l»y 
leaving  it  at  his  residence,  or  b}'  plotting  the  same  in 
the  post  office  at  Charleston,  S.  C,  <ii reeled  to  him  at 
Ijis  usual,  or  reported,  place  of  residence,  and  paying 
the  postage  thereon  :   Prori  fed,  however,  Tliat  any  other 
mode  or  time  of  calling   said   meetitig  shall  be  lawful, 
if  two-thirds  of  the   stoukhohlers  consent   thereto  in 
writing,  or  are  represented  thereatj  at  the  meeting  con- 
9 


1862. 


130 


■umber  of  dl 
leciura. 


OfBccra. 


Bow,  in  case  of 


vened  as  jiforosaid,  the  said  cornpniiy  sliiill  elect,  by  a 
mjijority  of  votes  tlieii  pret^ent  or  re|)resented,  not  !eS3 
th:iii  live,  nor  more  than  nine  ])ersoiir^,  l)i'ing  stockliolil- 
ers  of  the  said  company,  to  jiet  as  direel(»rs  of  tlie  said 
C()ri)()ration,  who  shall  repvi'sent  the  f^aid  oomj)any,  and 
manage  the  business  tiiereof:  vaeam-iesin  the  hoard  of 
directors  shall  he  filled  in  such  miinneras  shall  be  pre- 
scribed by  the  by-laws  of  the  cor]  orilion. 

t>EC,  4/  Be  it  further  enacted,  At  the  iirst  meetino;of 
the  said  board  of  directors,  after  their  election,  they 
shall  elect  <»ne  of  their  number  as  president  of  thesahl 
corpoi'ation,  and  may  elect  a  vice-president,  ami  such 
other  otKcers  as  they  may  deem  advisable;  the  direc- 
tors of  this  company  shall  iiold  tlieir  otric^s  for  one 
year,  and  until  their  successcu's  are  elected. 

8iic.  5,  Be  it  fiii  titer  enacted,  In  case  it  shall  at  any 
failure  to ouct.'  time  happen  that  an  election  ot  directors  be  not  made 
at  the  time  desi<i:uated,  or  on  the  (lays  when,  by  the  by- 
laws of  said  ciiiupany,  it  oUii:ht  to  be  done,  it  shall  and 
may  be  lawful  to  hold  the  same  on  any  other  day  desig- 
nated by  said  ciunpany,  and  in  case  any  annual  meeting 
ot  stockholders  shall  not  be  held,  by  reason  of  neglect 
of  the  directors,  it  shall  be  in  the  power  of  any  stock- 
))olders,  holding  one  hundred  shares  of  the  capital 
stock,  to  cidl  such  njeeting,  tor  the  pur])Ose  of  electing 
directors  and  other  purposes,  by  giving  the  notice  here- 
inafter [trescribed,  and  t'<>v  that  purpose  they  shall  have 
access  to  tlje  stock  list,  and  transfer  books  of  said  com- 
l>any,"and  all  information  necessary  to  the  giving  such 
notice. 

Sec.  G.  J3e  it  further  erionted,  That  the  directors  of 
such  company  shall  have  power  to  make  and  ])reseribc 
fiuch  by-laws  and  regulations  as  they  shall  deem  [proper, 
resj^)ecting  the  management  and  di.-[)ositiou  of  the  j>ro- 
pei-ty  and  estate  ot  such  ctmipany,  the  duties  of  the 
officers,  agents,  artificers  and  servants  by  them  to  be 
eiuployod  ;  to  appoint  such  and  so  many  ofHcers,  clerks 
and  servants,  for  carrying  on  the  business  of  said  com- 
pany, and  with  such  salaiy  or  wages  as  to  them  shall 
seem  rQHsav.nhlo:  Provided,  howevtr.  That  such  by-laws 
be  not  inconsistent  with  any  existing  law  of  the  State 
or  Confederate  governn)cnt. 

Sec.  7.  Be  it  .further  enacted.  The  said  company  shall 
have  power  to  do  an  express  traus[)ortation  business, 
by  land  or  by  water,  for  the  carrying  of  goods,  wares, 


ftnvem 


I'roviBO 


Fowors  aa  to  ex- 


131  18G2. 

_  anil  moivliatulise  of  all  kiixU,  sold  and  silver  coin,  i>aiik 
jipaott's,  and  i>;cnei\iliy  all  snuh  other  descriptions  of  coii- 
Veyan»c  of  property  ns  may  Ue  required  or  advisable, 
from,  to  and  between  any  place  in  the  C«)nfederato 
States,  by  their  own  conveyance,  or  tliose  of  other  per- 
sons; ;iiid  to  create  atid  orijanize  branch  ai;encies  for 
the  sMiiie  purpose,  and  to  hire,  establish  and  maintain 
storehouses,  warehotises,  and  other  biiildin;^s,  and  to 
purchase  lands  to  bnild  thereon  such  storehouses,  ware- 
houses, and  other  buildings,  as  m;iy  be  required  forthe 
safe  kccpiiii:!^  of  itny  thing  intrnste<l  to  them  for  coii- 
vcy:inic;  and  shall  have  [)ower  to  indemnify  themselves 
by  insur-.rni-e  against  loss  or  damage  by  tire,  or  the  risk 
of  naviijjatimi  in  the  transportation  of  any  goods,  wares, 
merchandise,  or  other  property  in  their  custody,  received 
by  them  for  transportation,  or  held  by  tli^m  as  their 
property:  Prodded,  That  this  aet  shall  not  be  so  con- '''■'**'''^ 
strued  as  to  give  said  Stinthern  Ex[)rcss  ('ompany  any 
right  iir  antiiority  to  buihl,  purchase,  oocup^y  or  estab- 
lish any  lai!  road  or  steansljoat  line,  excei)t  to  be  em- 
ployed between  any  port  in  the  kSouthern  Confederacy 
anil  foreign  ports,  or  other  like  means  of  transportation  ; 
nor  shall  the  same  be  so  construed  as  to  recpiire  any 
rail  road  or  steamboat  line,  established  in  part  or  in 
whole,  within  the  limits  of  the  Confederate  States,  to 
do  or  perform  transpor'ation  service,  as  herein  contem- 
plated, for  or  on  account  of  the  said  Southern  E\[)red3 
Company. 

Si;c.  }s.  DcilfuHher  cuac/al.  The  principal  office  of  Priaoip!ii.«tf«a. 
Raid  conjpany  shall  be  kept  at  Charleston,  S.  C,  unless 
the  same  l)e  changed  by  a  vote  of  two-thirds  of  the  di- 
rcctiirs,  at  a  meeting  called  for  tlnit  purjtosef  to  any 
other  place  in  the  State,  and  the  said  company  may  es- 
tablish as  tnany  branch,  or  local,  offices  as  their  business 
may  require. 

8cc.  H.  Be  ii  fiirlhcr  enacted^  The  regular  meeting  of 
the  boanl  of  d. rectors  of  said  company  shall  be  held  atmleungl^' 
the  principal  ofKce  of  said  conipany,  oi  at  such  other 
place  in  the  State  as  the  by-laws  or  board  of  directors 
»nay  desijfnatc,  but  said  company  may  hold  special 
meetings  of  its  directors,  for  the  transaction  of  l)usi- 
ness,  !it  any  place  which  the  by-laws  of  sai  I  company 
may  designate,  or  which  the  majority  of  the  <]irectors, 
with  the  approval  of  the  president,  may  appoint. 

Siic.  10.  Be  it  farther  enacted^  If  the  said  company 


1862.  182 

May  sell  un-  shall  have  bad  unclaimed  freight  or  baggage,  not  per- 
claimed  freight.   ^^),jj])](.^  }„  jls   possessioH  foi'  the  pcriodVf  at  least  one 

year,  it  may  proceed  to  sell  the  same  at  public  auction, 
after  giving  notice  to  that  effect  in  one  or  more  news- 
papers, published  in  the  State,  or  at  the  place  where 
such  goods  are  to  be  sold,  once  a  week  for  not  less  than 
four  weeks,  and  shall  also  keep  a  notice  of  such  sale 
posted  for  the  same  time  in  a  cons})icuous  place  in  the 
principal  office  of  the  said  company;  said  notice  shall 
contain,  as  near  as  practicable,  a  description  of  such 
freight  or  baggage,  the  place  and  time,  wlien  and  where, 
left,  together  with  the  name  and  residence  of  the  owner 
of  the  freight  or  baggage,  or  person  to  whom  it  is  con- 
signed, if  the  same  be  known, 
„.  ...  ,  Sec  11.  Be  it  furthtr  enacted.  All  moneys  arising 
euciisiies.  Jrom  the  salcot  ireignt  or  baggage,  as  atoresaul,  aiter 
deducting  therefrom  chargesand  expensesfor  the  trans- 
portation, storage,  advertising,  commissions  for  selling 
the  property,  and  any  amount  previously  paid  for  ad- 
vances on  such  freight  and  baggage,  shall  be  paid  by 
the  company  to  the  persons  entitled  to  receive  the  same, 
Books  of  record  fi^fl  the  .Said  compauy  shall  keep  books  of  record  of  all 
of  such  articles.  gQch' sales  as  aforesaid,  containing  copies  of  such  no- 
tices, proof  of  advertisements  and  posting,  affidavit  of 
sale,  with  the  amount  for  which  each  parcel  was  sold, 
the  total  amount  of  charges  against  such  parcel,  and 
the  amount  held  in  trust  for  the  owner,  whicli  books 
shall  be  opened  for  inspection  by  claimants  at  the[irin- 
cipal  office  of  the  said  company,  and  at  the  office  where 
the  sale  was  made. 
Liability  of  ^^^'  ^^'  ^^  ^'  furthcT  cvociecl,  Thc  stockholders  in 
stockholders,  the  Said  compauy  shall  be  personally  responsible  for  the 
amount  equal  to  the  amount  of  stock,  held  by  each,  for 
any  loss  of,  or  damage  on,  goods,  moneys,  or  other  pro- 
perty entrusted  to  the  said  company  for  transportation, 
and  for  any  contract  made,  or  liability  incurred  by 
them. 
What  jiecessarv  Sec.  18.  Be  U  furthcT  cimcied,  That  no  rights  of  f ran- 
before going  into  (.^j^gg  coiifcrrcd  by  this  act,  sliall  invest  until  the  mini- 
mum  amount  of  capital  is  subscribed,  and  riity  trions- 
and  dollars  actually  paid,  of  which  fact  it  shall  be  the 
duty  of  the  company  to  inform  the  governor,  in  the 
same  manner  that  the  officers  of  a  bank  about  to  be 
put  into  operation  are  required  to  do,  and  when  said 
company  shall  be  organized  and  ready  to  go  into  o|  er 


_^  .  133  1862. 


tion,  it  shall  be  the  duty  of  the  presiding  officer,  and 
treasurer,  to  make  a  statement,  upon  oath,  to  the  comp- 
troller, of  the  amount  of  capital  paid  in,  and  to  make 
a  like  statement  every  six  months  thereafter,  with  an 
additional  statement  of  their  profits,  and  gross  receipts, 
and  for  failing  to  make  such  report,  they  shall  forfeit 
and  pay  into  the  public  treasury  one  thousand  dollars 
for  each  failure,  to  be  recovered  b}'  motion  after  ten 
days'  notice. 

Sec.  14.  Be  it  further  enacted^  This  act  sliall  bo  sub- 
ject to  moditication  and  repeal  at  the  pleasure  of  the 
general  assembly. 

Sec.  15.  Be  it  further  enacted^  Any  action  at  law,  or  as  to  suit.. 
suit  in  equity,  against  the  said  company,  may  be  C(mii- 
nicnced  by  any  person  residing  in  this  State,  by  per- 
^  Bonal  service  of  process  on  the  local  agent  or  officer  of 
said  company,  in  charge  of  its  affiiirs  in  the  district  in 
which  Kuch  person  considering  himself  aggrieved  may 
reside,  or  in  any  district  through  which  the  line  of 
transportation  of  said  conjpany  may  pass,  it  there  shall 
be  no  local  a<rent  or  officer  in  the  district  in  which  the 
person  commencing  such  suit  may  reside:  Provided,  ^^°^''»"' 
Tiiat  nothing  herein  contained  shall  be  construed  to 
prevei.t  the  commencement  of  any  suit  in  equity,  or 
action  at  law,  in  the  manner  heretofore  provided  by 
law:   Provided,  That  this  charter,  or  any  of  the  privi-Nottohewid  or 

1  ..\  ■  ^1111  ii  iii  1-1  transferred. 

leges  tlierein  granted,  siiall  not  be  son!,  transferred,  or 
merged  in  any  otlier  express  company,  under  tlie  pen- 
alty of  forfeiture   thereof,    and   that   this   charter  shall 
expire  after  thirty  years  from  the  passage  of  this  act. 
Aj>proved  December  4,  I'^G'i. 


No.  IIG.]  AN  ACT 

To  incorporate  the  Mobile  and  South-Western  llailroatl 
Company. 

Skc.  1,  Be  it  rnnrtcd  Jnj  the  Senate  nnd  House  of  Bepre- 
acnfa/ivcs  of  the  State  of  Al<d}ama  in  (it'neral  Af^semhft/ 
conrrned.  That  John  A".  .\l.  Battle,  F.  D.  Clarke,  Lewi's '"'■^'^'">"^•'•• 
Fro-st,  .Fohn  Scott,  C.  C.  Langdon,  J.  M.  Withers,  and 
C.  K.  Foote,  with  such  other  persons  as  shall  associate 
with  them  for  that  [mrpose,  are  constituted  a  body  i»o- 


1862.  134 

litic  niul   corporate  by  tli.e  name  of   tlie   Mobile  ;ind 
nmo*.  South- Western  Railroid  Company,    iind    by  timt  name 

to  puc  and  he  sued,  ple.ul  and  be  imi)!eiided  ;  to  make 
and  have  a  common  scid,  and  the  same  to  break,  alter 
and  i-enew  at  pleasuixv;  and  this  comi):iny  is  hereby 
vested  with  all  the  privile^ces,  powers  and  immnnities 
which  are  or  may  be  necessary  to  carry  into  ettVct  the 
purposes  and  objects  or  this  act. 

Sec.  2.  Be  it  further  enacted.  That  said  comnanv  is 
hereby  authorizi^d  and  empowered  to  survey,  locate, 
construct,  complete,  alter,  maint.iin  and  oi)erate  a  rail- 
road, with  one  or  more  tracks  or  lines  of  rails,  fiom  the 
ciry  of  Mobile  to  the  dividing  line  between  the  states 
of  Alabama  and  Mississijipi,  in  a  southwesterly  direc-, 
tion,  towards  the  city  of  New  Orleans,  and  a  Inanrh  of 
said  railroad  with  one  or  more  tracks  to  deep  water  in 
the  bay  of  Mobde,  on  such  routes  as  may  l)e  deemed 
most  expedient,  and  to  traiisi)ort,  take,  carry  [iroiierty 
and  persons  on  said  railroad  and  branch  i)y  the  [lower 
and  force  of  steam,  oi'  animals,  or  of  any  other  mechan- 
ical (jr  other  power,  or  any  combination  (»f  them,  which 
said  com[»anynniy  choose  to  ap))ly  ;  and  fcu'  the  pur- 
pose of  constructing  said  railroad  and  branch,  the  said 
company  is  hereby  authorized  to  lay  out  its  road 
throughout  the  length  not  exceeding  one  hundred  feet 
VMik.  wide,  and  for  the   purposes   of  depots,    machine  shops, 

wart  houses,  engine    houses,   water   stations   ami    wood 
sheds,  and  the  buildings   necessary  for  the  business  of 
the  road,  cuttings,  enibankments,  and  for  the   pur[)Ose 
flJiwjtaaTortone  of    iieccssaiy  tum-outs,   and    lor  obtaining   stone   and 
B«veuaudiand.^^,|..^^.^^l^  iiuiy  take  as  much  nnn-e  land   as 'nniy  be  neces- 
sary for  the  coiistnietioii  and  security  of  said  road  and 
branch,  with  the  permission    to   make  any   lawlul  con- 
tract with  ai.y  other  railroad  corporation  in    relation  to 
'S]i!"K^c*oi.'.'*  the  business  of  said  company;  and  also  to   make  j<«int 
1^^^  stoi'k  with  any    other  railroad   corporations:   Frocided, 

that  all  the  damages  that  may  be  occasioned  to  any  per- 
son i>\'  corporation  by  the  taking  of  any  such  land  or 
materials  aforesaid,  for  the  j)ur(iose  aforesaid,  shall  be 
paid  for  by  said  company  in  the  manner  htreinaltcr  ju-o- 
vided. 
-  .^.  .   ^  Sec.  3.    J3c  it  farther  enact(d,  That  the  capital  stock 

Oiij>1tnt  slock.  „        .  ,  1111  •  II  •  IK  1  •    1 

or  said  company  shall  l)e  one  million  dollars,  wliicn 
may  be  increased  Ironi  time  to  time  to  any  sum  not  ex- 
ceeding the  entire  amount  ex[iended  on  account  of  said 


135  18G2. 

road  and  hraMC!ii,  to  he  divided  into  sliaro:^  of  one  1inn-„., 
drud  (l<)lliii\s  em-ii,  wliicli  sli;irGssli;ill  bo  dei'mo<l  person- 
al |)roi>c'rty,  and  tn:iy  1)0  transt'orred  in  sncli  manner  and 
snch  |d;icos  as  tliu  by-laws  of  said  company  may  direct :  proviso. 

P/'ovide-J,  tU:\t  said   company  mav  commence  tlic  con- ......  ,„ 

etrnction  of  said  road  with  all  the  powers  ami  privileges  mencf. 
contained  in  this  act,    whenever  the  sum  snl)serii)e<l  to 
the  c  ipital  stock,  shall   exceed    one   hundred  llionsand 
dollars. 

SiiC.  4,  Be  if  farther  enacted,  That  the  hoard  of  di- Board u  vcimw. 
rectors  of  sai'l  ci)m[)iny  sliall  have  powerto  reijnire  the  ''''• 
piyment  of  smiM  suh-scrib^'d  by  stockliolders,  in  sucii 
manner  and  at  such  times  as  they  may  deem  proper, 
and  on  refusal  or  neglect  on  the  part  of  stockholders, 
oi'  an3-  of  them,  to  make  payment  on  the  requisition  of 
the  board  of  direct<»rs,  the  shares  of  such  delincpients 
may  after  thirty  days'  notice  be  sold  at  pul)lic  auction, 
under  such  rules  as  said  board  of  directors  may  adopt, 
the  surplus  moii-fy,  if  any  remains  after  deducting  the 
payment  <Jue,  with  the  interest  and  the  necessary  costs 
of  sale,  to  bepai"!  to  such  «lelin(juent  stockholder. 

SiiC.  .5.  Bii  U  fartlicr  eaucicd^  That  the  persons  iiamcd  nook8fo'e<»p««- 
in  the  first  section  of  this  act  shall,  without  delay,  cause  "^'''''"°°- 
books  to  be  opened    for  subscriptions  to  said  stock,  in 
Buch  manner,  and  at  sueh  time  and  places  as  they  shall 
direct. 

SiiC.  6.  Be  i(  further  eiifirfrd.  That  all  the  corporate  Board  of  a irc«si- 
prnvers  of  .said  com[»any  shall  be  vested  in  Mn<l  exer-"""^*^' 
cised  by  a  board  of  din-ctors,  and  such  ofKcers 
and  agents  as  they  shall  ap|toint;  the  board  of  direc- 
tors shall  consist  of  eight  stockholders,  who  shall  be 
chosen  each  year  iiy  the  stockhohlers  of  said  com[>aiiy  ; 
a  majority  of  the  directors  shall  be  a  quorum  for  the 
transaction  of  business ;  they  shall  annually  elect  one 
of  their  numi)er  to  be  jtresidentof  the  board,  who  shall  officers, 
also  be  president  of  said  company;  they  shall  also  an- 
nually elect  one  of  their  number  to  be  vice  president 
of  the  boani,  who  will  art  as  president  whenever  le- 
quire(J  ;  they  shall  als(>  annually  cho«)se  a  secretary,  and 
8ucli  other  officers  as  they  may  deem  necessary,  and  a 
treasurer,  who  shall  give  bond  with  security  to  said 
Company  in  such  sums  as  the  directors  may  require  for 
the  faithful  <liseharge  <if  Irs  trust. 

tSiiC.   7.  Be  il  furl/icr  enarltfl,  That  the  persons  nnnied 
in  the  first  section  of  this  act,   or  a  n)ajority  of  them, 


1862.  136 

arc  liereby  aiithorizecl,  after  tho  books  of  subscription 
to  the  capital  stock  of  said  company  are  closed,  or  when 
the  sum  subscribed  shall  exceed  one  hundred  thousand 
First  meeting,    dollars,  to  Call  the  first  meeting  of  the  stockholders  of 
said  company  in  such  way,  and  at  such  time  and  place, 
as  they  may  appoint  for  the  choice  of  directors  of  said 
company,  and  in   all  meetings  of  the  stockholders  of 
Asto  votes.       said  company,  each  share  shall  entitle  the  holder  to  one 
vote,  which  vote  may  be  given  by  said  stockholder  in 
person,  or  by  lawful  proxy,  and  the  annual  meeting  of 
the  stockholders  of  said  company-  for  the  choice  of  di- 
rectors, shall  be  holden  at  such  time  and  place,  and  up- 
on such  notice,  as  said  company  may  in   their  by-laws 
provide. 
In  case  of  fail-      Sec.  8.  Be  U  further  enacted,  That  in  case  it  shnll  so 
^M°efeaion"to^^^PP6"  ^^^^^  an  elcctiou  of  directors  shall  not  be  made 
beheld.  o,,  the  day  appointed  by  the  by-laws  of   said   corpora- 

tion, said  company  for  that  cause  shall  not  be  deemed 
to  be  dissolved,  but  snch  election  may  be  holden  on  any 
subsequent  day    which  the  then  existing  directory  may 
Tenuieof  office,  yjipoiiit ;  thc  dircctors  el'ccted  are  to  continue  in  office 
until  their  successors  are  elected  and  qualified  ;  vacan- 
cies in  the   board  shall  be  tilled  by  a  vote  of  two-thirds 
of  the  directors  remaining,  such  appointees  to  continue 
in  office  until  the  next  annual  regular  election  of  direc- 
tors. 
Astobj-iawB,        Sec.  9.  Be  it  further  evacted.  That  the  directors  shall 
*<=*  have  full  power  to  make  and  prescribe   such  by-laws, 

rules  and  regulations  as  they  shall  deem  needful  and 
proper  touching  the  disposition  and  management  of  the 
stock,  pro})erty,  estates  and  effects  ot  said  company,  not 
contrary  to  this  charter  or  the  Imws  of  this  State,  or  of 
the  Confederate  States,  the  transfer  of  shares,  the  du- 
ties and  conduct  of  their  officers  and  servants;  touch- 
ing the  meeting  of  directors,  and  all  matters  whatso- 
ever which  may  appertain  to  the  concerns  of  said  cora- 
T»any:  pai<l  (.•onipanv  is  also  hereby   authorized  to  pur- 

A»  to  real  cs-      '  ,      -^   '         ,   ,      ,  ,    '         V  .    ^  i  A 

tBte.&c.  chase  and  hold   such   estate  as  may  ne   necessary    anfl 

convenient  in  accomplishing  the  object  for  which  this 
incorporation  is  granted,  and  may  by  their  agents,  sur- 
veyors, engineer  and  servants,  enter  upon  all  lands  and 
tenements  through  which  they  may  deem  it  necessa:y 
to  make  said  road  and  branch,  or  upon  which  it  may  ue 
necessary  to  create  depots,  warehouses,  machine  shops, 
wharves,  engine  houses,  water  stations,  wood  sheds. 


137 


1862. 


platforms,  and  otlier  requisite  buildings  and  strnctnrc'!, 
for  the  business  of  tlie  road  and  braneli,  and  upon  lands 
tiuit  may  be  necessary  for  cuttings  and  embankments, 
for  necessary  turnouts  and  stations,  and  for  stone,  grav- 
el work  and  timber,  and  to  survey,  lay  out  atid  con- 
struct the  same,  and  toairree  and  contract  for  said  lands 
to  be  used  as  aforesaid  with  the  owners  tliereof  in  case 
the  said  lands  belong  to  the  estate  of  any  deceased  per-^'l^^d'i'T''* 
son,  then  with  the  executor  or  administrator  of  sucli  in 
case  of  the  same  belonging  to  a  minor,  or  a  person  non 
compos  mentis,  then  with  his  or  her  guardian  or  guar- 
dians, or  in  case  said  lands  be  held  by  trustees  of  school 
sections  or  other  trustees  of  estates,  then  with  such 
trustees  and  the  said  executors,  administrators,  guar- 
dians or  trustees,  are  hereby  declared  competent  for 
such  estate  or  minor,  to  contract  with  said  company  for 
the  right  to  use,  occupy  and  possess  the  lands  of  such 
estates,  juinors  or  trustees  t«)  be  used  as  aforesaid,  and 
tiie  act  and  deed  of  such  executors,  administrators, 
guardians  or  trustees  in  relation  thereto,  shall  pass  the 
tiilcin  said  land  in  the  same  manner  as  if  the  said  deed 
or  act  was  made  or  done  by  a  legal  owner  of  full  age  ; 
and  such  executor,  administrator,  guardian  or  trustee 
shall  account  to  those  interested  upon  their  respective 
bon<ls  for  the  amount  ])aid  him  in  pursuance  of  such 
agreement  and  coni]iosition,  and  if  the  said  comjiany 
and  j)arties  rejirescnting  lands  prefer,  they  may  refer 
the  question  of  arbitration  to  arbitrators  UJUtually  cho- 
sen, whose  award  orthatof  their  umpire,  in  caseof  dis- 
agreement, shall  vest  title  according  to  its  terms. 

SiiC.  10.  Be  it  farther  enacted,  That  if  the  sai<l  com-  Prosednre,  if  no 
pany  cannot  agree  with  the  owner  of  the  land,  which  owner? 
they  desire  to  use  as  aforesaid,  or  with  the  executor,  ad- 
ministrator, guardian  or  trustee,  it  shall  and  may  bo 
lawful  for  the  (derk  of  the  circuit  court  of  the  county 
in  which  said  land  lies,  on  application  of  said  cotn|iany 
or  its  a<r<'nts,  and  he  is  required  to  issue  a  writ  (»f  ad 
quod,  damnum,  commanding  the  sheriff  that  without 
delay  he  cause  a  jury  of  !^ix  good  and  lawful  men  to  bo 
U[)oi,  said  land  on  a  <lay  to  be  by  said  slierift  tixed  and 
appointed,  and  whereof  it  shall  be  his  duty  to  give  no- 
tice to  the  owner,  executor,  administrator,  guardian  or 
trustee,  at  least  five  <lays  before  such  day^  if  they  bo 
within  his  county,  or  if  not,  or  if  the  owner  or  owners 
be  unknown,  the  notice  shall   be   given    by  advertise- 


1 


aureoment    with 


18G2.  138 

inenf,  1o  be  by  siiid  sliei'id  posted  and  fixed  on 
the  dwelliii'jf  house,  if  such  there  he,  or  in  a  puhlie  of 
coiispieiious  phice,  at  lua^^t  live  diiys  before  such  ;ip- 
pointed  day,  and  also  by  advertising  the  same  in  some 
newspaper  published  nearest  to  the  land,  at  least  three 
weeks  by  weekly  insertions  prior  to  said  (biy,  and  then 
cause  said  jury  after  being  duly  sworn  by  said  sheriff 
ov  justice  of  the  peace  to  make  ti'ue  inquest  of  the 
damages  that  will  be  sustained  by  smdi  owner  or  estatD 
by  reason  of  making  such  road  or  branch  through  such 
land  ;  if  any  juror  shall  fail  to  appear,  or  by  reason  of 
challenge  for,  cause  or  otherwise  fail  to  sit  on  suclj  in- 
quest, the  said  sheriff  sha'l  fill  said  jury  from  the  by- 
standers, and  if  they  fail  to  render  a  verdict,  the  said 
sheriti""  shall  on  tiie  same  day  o»"  subsequent  day  enipan- 
nell  a  new  jury  or  persons  until  a  verdict  be  had,  such 
verdict  or  inqu(;st  I'egularly  certitied  by  suith  sln-ritf 
shall  be  returned  to  the  oifice  of  tlu' clerk  of  the  circuit 
court  of  the  county  in  which  said  land  may  be,  and  there 
remain  among  the  re(,'ords;  and  such  verdict  shall  vest 
in  sai<l  company  tlie  right  to  occu[)y  and  use  said  laiuJ 
for  I  he  purposes  of  said  radroad  and  branch  on  the  pay- 
ment or  tender  of  i>ayment  of  the  damage  then  assess- 
ed against  such  iM)mpany,  and  in  case  of  [lersons  absent 
or  unknown  as  aforesaid,  the  placing  of  the  amount, of 
damaijf 'S  to  the  cr.;(lir  of  the  owner  in  tiie  hands  of  the 
judge  of  probate  of  the  county  in  which  such  lands  lie, 
shall  be  deemed  and  taken  as  payment,  and  such  judges 
shall  he  liable  on  their  bonds  to  make  due  payment  of 
said  money  on  demand. 

Sec.  11.  Be  it  fii'iher  enacied,  That  it  shall  be  the 
duty  of  the  sheriff  to  appoint  and  hold  said  inquest 
within  ten  da^-s  after  the  recei[)t  of  said  writ  ad  quod 
damnum,  except  in  case  of  absence  as  aforesaid,  in  wliicli 
case  thirty  days  shall  be  allowed  him,  and  five  days  ad- 
ditional are  allowed  him  for  every  additi'mal  jnry  which 
he  may  have  under  said  writ;  and  for  evei'y  default 
tljerein,  that  said  sherifi:  shall  be  fined  by  the  circuit 
court,  at  the  instance  ot  either  party,  not  less  than 
twenty  or  more  than  one  hundred  dollars,  and  eveiy 
juror  and  witness  so  summoned,  unless  excused  by  the 
circuit  court,  shall  be  fined  not  more  than  ten  dollars 
for  non-attendance,  and  all  such  fines,  as  well  a^*  costs, 
the  circuit  court  of  the  county  shall  have  jurisdiction  ; 
there  shall  be  allowed  the  followingfees  to  the  clerk  of 


Dnty  of  theriff. 


the  circuit  court  :  fn'  every  writ  of  a(Z  Q'lod  damnum,  ^^^^.^''^^'^l'^^^'^ 
seveiiry-tivo  cents  ;  for  rcc'lvin:^  jiinl  liliiiu;  iiKjuest,  scv- 
eiity-tiveceiits  ;  totlie  slioritt  for  ^iviiii;- ii<»ti«-e,  sevoiity- 
five  cents,  besides  i)rinter'.s  fees,  not  exceedini;;  two  dol- 
lars; in  each  case  for  Iioldinu;  inquest,  live  didlars,  and 
euninioning  witnesses,  twenty-tive  cents  each  ;  to  jurors 
seventy-live  cents  each  per  diem,  which  are  nut  aHowed 
until  a  verdict  be  returned  and  filed,  and  shall  be  ttxed 
in  the  bill  of  costs  and  paid  by  the  company :  Proci'lcd,  Provisc. 
howrc<'i\  that  before  applic;ition  for  said  writ  the  said 
company  may  make  a  tendei'  to  the  owner  or  owners  of 
any  sucli  lands  a  sum  of  money  by  the  n  (b-emcd  equiv- 
alent to  the  damage  to  be  sustained,  and  upon  I'efusal 
to  accept  the  sum  tendered,  and  a  verdict  for  the  sanve 
amount,  or  less  sum,  the  costs  shall  be  taxed  to  and 
pai<i  bv  the  owners  of  the  land  on  which  the  inquest  is 
held.   ^ 

SiiC.  12.  r.e  it  farther  enacted ,  That  either  party  may  Astoappe-u 
a[)peal  to  the  next  circuit  court  within  thirty  d;tys  after 
the  assessment,  by  application  to  the  clerk  of  said  court, 
and  ijiving  security  for  the  prosecution  of  sueh  appt'al, 
and  in  case  the  same  is  tid-cen  by  the  corporatitm  f.)r  the 
jnd>::ment  whieh  may  be  rendered  agiiinst  it  on   ajtpeal. 

fcJKC.  ID.  Be  it  further  eitactcd,  That  the  trial  of  Mich  .^.,  ,  , 
appeal  sliall  be  ae  nov},  and  it  the  corporation  is  the 
appellant  and  the  damages  assessed  is  eqiiabto  or  great- 
er than  found  (til  the  |trevious  in(pie«t,  the  appellant 
must  j>ay  the  costs  and  the  court  nia\-  auani  (himages 
not  exceeding  ten  jier  cent.,  if  of  o[tinion  that  the  ap- 
peal was  taken  merely  for  (Kday. 

8i;c.  14.  Be  it  further  cmtcted.  That  in  case  tin-  ap- 
peal is  not  taken  by  the  corporation,  and  the  ap(iellant  l^'f^cu'ion^'y 
does  not  recover  more  damages  than  Wiis  assessed  to 
liim  in  the  previous  inquest,  judgment  for  costs  must 
be  given  against  him;  in  su<:h  appeals,  when  tli<' Judg- 
ment is  ag.iiust  the  apiiellant,  exccuiioii  im;i\'  issue 
against  his  seertrity. 

Si:c.  1.).  licit  furtJier  en<i<h'd,  Timi  i  u'' oiHini  hmi-,  <>f   operitiom  or 

•I'll  •  1  ■  1  coiiipanT  not   1o 

said  railroad  com[tany  in  surveying,  locating   and   ctni- bo  djayed. 
structnig  the  roads,  or  otlnr  work,  t^h.ill    in  no  wise  be 
dela3-e<l  on  account  of  the  proecedings  bad  as  iiloresaid. 

SiiC.  1(J,   Be  it  farther  endcled,  'i  hat  whenever  it  shall     rnwcr*  u  to 
1)0    iifccessaiy    tor    the  constnictioii    ot    iheir   railrojui, 
branches  or  waya,  to  intur<ii<:t  or  cross  any  stream  or 
\v.i'  Mse,  or  any  road  or  highway,  it  shall  be  lawful 


1862.  liO 

for  said  company  to  construct  across  or  upon  the  same  ; 
but  the  said  company  shall  re-establish  said  stream  or 
water  course,  road  or  highway,  thus  intersected,  in  such 
a  manner  as  not  to  prevent  passage  thereon,  and  in  all 
cases  where  any  road  or  public  highway  is  located,  that 
said  railroad  and  branch  cannot  be  judiciously  laid  out 
and  constructed  across  or  upon  the  same  without  inter- 
fering therewith,  in  such  case  or  cases  said  corporation 
may  by  their  engineer  cause  such  road  or  roads  to  be 
changed  or  altered  in  such  manner  that  said  railroad 
and  branch  may  be  made  on  the  best  site  of  ground  for 
that  purpose:  Prov'uled,  said  corporation  shall  put  such 
road  in  as  good  repair  as  at  the  time  of  changing  or 
altering  the  same. 

Power  as  to  tors.  Sec.  17.  Be  it  further  enacted,  That  the  directory 
shall  have  full  power  to  establish  such  rates  of  tolls  for 
the  conveyance  of  persons  and  property  upon  the  rail- 
road and  branch  as  they  shall  from  time  to. time  deem 
proper,  and  to  levy  and  collect  the  same  for  the  use  ot 
said  oomjiany ;  all  matters  and  things  respecting  the 
use  of  said  railroads  and  branch,  and  the  conve^-ance  of 
passengers  and  property,  shall  be  in  conformity  to  such 
rules  and  regulations  as  said  board  of  directors  shall 
from  time  to  time  determine. 

vay  cross nsvi-       Sec.  18.    Be  U  furtlw  encictcd,  That  the  said  Mobile 

gable  waters.     ^^^^^  iSout h-Westem  Kailroad,  and  its  branch,  may  cross 

the  navigable  waters  of  the  Bay  of  Mobile,  at  one  or 

more  points,  with  bridi^es  or  any  other  description   of 

work. 

Eight  of  way      S^^c.  19.  Be  U  fuvtlier  enacted^  That  in  case  the  said 

through  public  railroad  and  its   branch  should  cross  any  of  the  lands 

lands.  11.  i  I.     .   1     >  1-1  n 

belonging  to  the  state  or  Alabama,  the  rigiit  or  way 
through  said  lands,  one  hundred  feet  wide,  is  hereby 
gi'anted  tor  said  railroad  and  branch  to  said  company 
free  of  charge,  and  in  case  of  cuttings  and  embank- 
ments, gravel  earth,  warehouses,  engine  houses  or  oth- 
er necessary  buildings,  and  ot  turn-out^,  and  as  much 
more  land  as  is  necessary,  is  hereby  granted  free  of 
chai"ge. 
powerto  issue  Si:c.  20.  Bc  it  furtJie'''  enacted,  'X\\^t  for  the  puri)ose  of 
bonds.  raising  funds,  from  time  to  time,  for  the  construction 

ior  said  rail  road  and  its  branch,  and  the  purchase  of 
iron  and  other  materials  to  be  used  thereon,  said  com- 
panv  are  liereby  authorised  to  issue,  negotiate,  pledge, 
hypothecate  and  sell  its  bonds,  in  sums  and  at  rates  of 


141  1862. 

interest  which  may  be  deemed  most  expedient  by  the 
board  of  directors,  the  payment  of  the  principal  and 
interest  of  the  bonds  to  be  secured  as  the  board  of  di- 
rectors may  think  best. 

Sec.  21.  Be  it  farther  enacted,  Tliat  when  any  por-^,  ^^^^u,  ^^ 
tion  of  the  stock  subscribed  to  said  rail  road  company  atock. 
shall  be  called  for,  by  the  directions  of  the  board  of  di- 
rectors, and  notice  of  said  call  shall  have  been  given 
for  more  than  thirty  days,  that  such  call  has  been  made, 
and  specifying  the  per  centum  of  stock  so  called  for, 
and  the  time  when  payment  is  required,  either  by  per- 
sonal notice  to  the  stockhohlers,  or  by  publicati<»n  in 
some  newspaper  published  in  the  city  of  Mobile,  if  any 
stockholder  shall  foil  to  pay  the  call  so  made  at 
the  time  required,  such  stockholder  ma^'  be  proceeded 
against  by  a  motion  made  in  the  circuit  court  of  the 
county  of  the  residence  of  j^aid  stockholder,  for  the 
amount  of  stock  so  remaining  unpaid  ;  which  motion 
shall  belli  writing,  signed  by  an  attorne3'at  law,  and  shall 
set  forth  the  call  so  made,  notice  given,  the  amount  ofproceedingr 
stock  subscribed  by  said  stockholder,  and  the  amount 
remaining  utipaid  upon  such  stock  so  called  for,  and 
the  term  of  the  court  at  whicii  the  motion  will  be  made; 
the  sheritl' of  the  couniy  shall  serve  the  notice  and  make 
his  return  thereon,  and  for  his  services  shall  be  entitled 
to  the  same  fees  that  are  allowed  sheriffs  for  like  servi- 
ces in  the  execution  of  summons  and  complaints  under 
the  general  law.  The  clerk  shall  docket  the  case  in  its 
proper  order,  and  for  his  services  in  this  case  shall  be 
allowed  the  same  fees  to  which  he  is  entitled  for  like 
services  in  other  cases  under  the  general  law.  If  the 
motion  so  made  is  executed  more  than  twenty  days  V»e- 
fore  the  term  of  the  circuit  court  to  which  it  is  return- 
able, the  case  shall  stand  lor  trial  at  the  iirst  term  after 
its  issuance;  if  executed  wilhin  twenty  days  hef.'i'o 
such  term,  it  shall  not  stand  for  trial  until  the  next  en- 
suing term  of  said  court.  All  the  rules  of  pleading 
and  evidence  applicable  to  actions  of  assumpsit,  under 
the  Code  of  Alabama,  are  applicable  to  [»roceedings 
under  this  section  of  this  act,  except  that  the  certiti- 
cntes  of  the  secretary  of  s;iid  company,  accompanied 
Avith  the  seal  of  the  company,  shall  be  evidence  of  the 
:;»Mi/,ation  of  the  company,  of  the  by-laws,  ruh's  and 
;  ^^ulations,  and  of  the  proceedings  of  the  company,  of 
the  calls  made,  from  time  to  time,  by  the  action  of  the 


1862.  142 

directors  (if  tlie  company,  niid  of  tlio  nr.ionnt  pubscribcd 
to  the  stoi'k  thereof  b^^  uiiy  stoekhohler,  iirid  tlic  iiinount 
due  and  unpaid  on  sneh  subscription  at  the  time  such 
call  was  made  orbecnmedne;  arid  upon  tlie  produetion 
of  suel)  cortiticate,  if  no  ]dea  is  entered  by  way  of  de- 
fense, oi'  if  the  plea  is  withcb'awn,  tlie  court  lieariug 
such  motion,  shall  enter  judo-ment  finpd  by  default,  or 
nit  dicif,  as  tlie  case  may  be,  for  tlie  amount  so  certified 
to  be  due  with  intei'C-^t  thereon  ;  such  certificate  shall 
be  evidence  on  the  tri;d  of  any  issue  joined  upon  such 
mt>tion,  unless  the  defendant  makt's  onth  at  the  time  of 
fiiiuij^  his  i)lo;>,  that  be  believes  the  jdea  to  be  true,  and 
fifives  notice  that  other  evidence  will  be  required;  but 
in  all  oases  the  defendant  may  adduce  lawful  pi'oof  to 
contradi(.-t  such  certificate.  AH  issues  of  fact  joined 
upon  such  notice,  are  to  be  tried  us  other  civil  actions 
by  jury. 

Si:c.  22.  Be  it  farther  cnacicd^  That  in  all  proceedings 
Bccurity  for  commenced  under  the  provisions  of  this  act,  security 
•°"*"  f(.r  cost   must  be   lodired  with    the  clerk  of  tin;  circuit 

court  of  the  county  in  which  the  suit  is  instituted,  be- 
fore sueli  proceediui;  is  commenced. 

8ec.  23.    Bell  farther  enacted.  That  in  all  cases  com* 
tU°/'"'"^^°^neMeed  under  the  provisions  of  section  21  of  this  act, 
cither  party  mr.y  have  a  change  of  venue,  to  the  nearest 
county  free  from   exceptions,  upon   a))plication  made, 
and  snfiicicnt  cause  shown  by  afiidavit,  as  in  ordinary 
ci\il  cases. 
As  toconM-ua.      ^lic.  24.     Be  it  farther  euaeted,  That  the  Mobile  and 
lion  of  road."      Southwestern  Kail  Road  Company  shall  have  full  power 
to  make  all    lawful  agreements,  or  negv)tiations,  with 
any  dther  rail  road  company  within  or  without  the  lim- 
its of  this  state,  for  the  purpose  of  constructing,  main- 
taining and   oi)erating  a  cmitinuous  lail   road  or  rail 
roads  from  Mobile  to  New  Orleans,  in  and  through  the 
states  of  Alabama,  Mississippi  and  Louisiana, 
wiientocom-        Sec.  25.    Be  U  farther  enacted,   That  this  company 
mence.  shall  coiumeuee  the  construction  of  the  rail  road  within 

three  years  from  the  date  ot  the  declaration  of  peace 
between  ithe  Confederate  States  and  the  United  States 
of  America,  otherwise  this  charter  shall  be  forfeited. 

Si:c.  26.    Be  it  farther  enacted,  That  all  laws  contra- 
vening the  provisions  of  this  act  are  hereby  repealed. 
Ap[>roved  DecciLber  5,  1862. 


143  1862. 

No.  117.]  AN  ACT  " 

In  ivhition  to  llio  Sclma  nnc]  Gulf  Rail  Road  Company 
and  llio  Bi'oad  Struct  Ilotci  Conii)aiiy  of  JSeliiia. 

Sec.  1.  Be  it  enacfed  by  the  Si-naie  and  House  of  Hep- 
resenfativc   of  the  State  of  Alabama  in  (icneral  As-semhli/ 
anu'ciKd,  Tli.it   wlu-tvas,   the   work   of  tho   Sclma    anil  ^'■'"'°^"'- 
Gulf  Rail   Road  Company,  aad  tho  Broad  street  Hotel 
Company  of  Sehna,  bi)th  oPiXtinizcd  and  actinoj  hereto-   • 
fore  under  charters  granted  hy  this  state,  has  been  sua* 
ftemlcil  in  cnnsecpiem-c  of  the  existing  War ;  and  wIkM'c- 
as,  it  is  diffienit  <ir  impracticable,  in  consequence  of  the 
absence  of  stOtdcholders  in  the  aiiny,  and  unneceflsarily 
expensive  to  keep  up  reiinlar  organization,  and   iu-tioii 
in  said  compauics,  the  organization  and  chartered  rights 
and    priviley-es  and    franchises  of  said  co:r,panies  shall  „,  ^ 
m  no  wise   be  impaired   l.iy  tiK-ir  railure  <U'  omission  to  impaired, 
elect  directors  Of  other  otHcers,  or  to  hold  meetings  of 
their  boards  (d  ilirectors  respectively,  or  to  prosecute 
their  work,  or  to  do  other  business  during  the  continu- 
ance of  the  existing  war;  but  the  organization,  char- 
tered rights  and   franchises  of  said  couipanies,  respect- 
ively, shall  be  and  remain  unimi);nred,  notwithstanding 
Mich   failure  or  omission:  Prodded^  hoxccccr,   that  said  ^'re'''*" 

nipanies,  rospei-tively,  sliall  within   eighteen   months 

er  the   ratilieatiou  of  peace,  (if  not  <i(»iie   be  lore,)  in  n,,'^"  "''■**""' 
good   faith   resume  and  [U'osecute  the  work  pertaining 
^'^  said   companies  respcctiv"'y.  mwl,.!'  th"!'-  r.'<p'.c(ive 

arters. 

Api)roved,  Dec.  G,  1602. 

No.  118.]  AN  ACT 

To  extend  the  cb.artcr  of  the  Alabama  and  Tennessee 
River  Rail  Road  Company. 

Si:c.  1.  Be  it  rvarletl  by  iJic  Senate  and  House  of  Tiepre- 
:-<iiifitivcs  of    the  blatc  of  AhtUnna.  in  G-  nernl  Asscudj/t/ 

vvncd,   That  lo  enable  the  Alabama  and  Tennessee  ^Yu^forw^ot 
i\ivcr  rail   road  company  (^f  this  state  to  comply  uith 
the  enactment  of  the  congress  of  the  Confederate  States, 
making  provieioii  lor  tlio  construction  of  a  rail   road 


1862.  144 

from  Bine  Alountain,  in  Alabama^  to  Rome,  in  Georgia, 
as  a  military  necessity,  it  being  understood  that  the 
president  of  the  Confederate  States,  to  whom  the  ar- 
rangements for  the  consti  uction  of  said  rail  road  is  com- 
mitted by  the  a^^t  of  congress  aforesaid,  desires  tlie  said 
Alabama  and  Tennessee  River  rail  road  co^npany  to 
construct  so  much  of  said  rail  road  as  is  to  be  construct- 
ed in  this  state;  the  charter  of  the  said  rail  road  com- 
pany, as  granted  by  this  state,  is  hereby  so  amended 
and  extended  as  to  give. to  the  said  company  the  right 
of  extending  and  constructing  a  branch  rail  road,  as  a 
branch  of  their  main  rail  road,  (and  connected  there- 
with,) from  Jacksonville,  in  the  direction  of  Rome,  in 
Georgia,  to  the  line  of  the  State  of  Georgia,  then  to 
connect  with  a  rail  road  to  be  constructed  within  the 
state  of  Georgia,  from  a  point  at  or  near  Rome,  so  as 
to  comply  with  the  requirements  of  the  congress  of  the 
Confederate  States  under  the  aforesaid  enactment. 
Rights, &c.,  per-  Sec.  2.  Be  U  further  enacted.,  That  all  the  rights,  pow- 
^^^'  ersan.d  privileges  conferred  U[)on  the  said  rail  road  com- 

pany by  any  act  or  acts  of  this  state,  shall  pertain  to 
aind  include  the  route  which  may  be  chosen  by  said 
conipany  for  the  construction  of  the  rail  road  author- 
ized by  this  act,  and  to  said  rail  road  while  in  course  of 
construction,  and  when  completed  as  the  property  of 
said  rail  road  company;  including  the  right  to  receive 
by  doiiation,  purchase,  or  otherwise,  all  lands  needed 
for  rights  of  way,  depots,  stations,  and  all  other  lawful 
pur[)oses,  and  to  have  the  same  condemned  as  author- 
ized by  the  act  chartering  said  company,  and  the  sub- 
j^^^j*g|"^y*PP'"°'" sequent  act  amendatory  thereof.  And  the  said  com- 
pany shall  have  the  right  to  take  and  aiq:iropriate  any 
stone,  timber,  or  other  material  needed  in  the  construc- 
tion and  operation  of  said  rail  road,  found  on  any  pub- 
lic lands  of  this  state,  and  all  lands  of  this  state  re- 
quired for  road  way  or  other  necessary  purposes  in  con- 
structing and  using  said  rail  road,  are  hereby  granted 
to  said  company. 

Approved  November  4j  1862. 


145  1862. 

No.  119.]  AiV  ACT 

To  amend  the  charters  of  the  Ahxhama  and  TcMinessee 
Rivers  Kaih'oad  Company,  tlic  Ahibama  and  Missis- 
sippi Rivers  Railroad  Company,  the  Sehiia  and  Gulf 
Raih'oad  Company,  and  the  Western  Raih'oad  Corn- 

f 

Skc.  1.  Be  it  enacted  hy  the  Senate  and  JIov.se  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Asseuthhj 
convened,  That  the  charters  of  the  Ahibama  and  Ten- 

^  nessee  Rivers  Raih-oad  Comp.tny,  the  Ahibaina  and 
Mississippi  Rivers  Railroad  Company,  the  Sclma  and 
Gulf  Railroad  Compan}',  and  the  Western  Railroad 
Company,  be  so  amended  as  to  authorize  said  railroad 
companies,  or  any  two  or  more  of  them,  or  all  of  them  common depol 
together,  to  contract  lor  arid  receive  conveyances  tor 
land,  stone,  timber,  wood,  &c.,  lor  a  common  depot 
ground,  and  right  of  way  to  such  depot,  the  depot  for 
the  use  of  all  said  railroads  in  the  corporate  limits  of 
the  city  of  Selma,  or  near  and  at  a  convenient  distance 
therefrom:  Provided,  that  if  the  owner  or  owners  otp,„,.ig„ 
said  land  and  said  corporations  cannot  agree  upon  the 
price  or  the  owner  is  an   infant,    non-resident,  ovnon, 

,.      .^     ,      ,,  ,        ,  n    ,    /■  •  1  .  In  case  of  nnn- 

mposmcjilis,  It  shall  i^e  lawful  lor  sanl  corporations,  oriiKrct-mcnt,  ibc 
iiiy  two  or  more  of  them,  to  apply  jointly  for  a  writ^'"""**""'" 
of  ad  quod  damnum  to  the  clerk  of  the  circuit  court  of 
Dallas  county,  to  be  issued  in  the  name  of  all  the  ap- 
plicants, which  wiat,  when  so  aijfilied  for,  shall  be  is- 
sued b}'  sai<{  clerk,  directed  to  the  sheriff  of  the  county, 
commanding  him  to  summon  a  jury  ol  seven  good  and 
discreet  freeholders  ftf  his  county,  not  related  to  the 
owners  of  the  land  or  the  stockholders  of  said  compa- 
nies, to  be  and  appear  at  such  suitable  and  convenient 
place  at  an  early  day  as  he  may  designate,  to  assess  the 
value  of  the  lands  specified  in  said  writ  of  ad  quod  dwn- 
num.,  and  the  damages  whiolj  the  owner  or  owners  may 
sustain  i>y  the  constructicm  of  said  dupot  of  said  coni- 
panies,  and  direct  or  side  tracks  to  such  depot,  and  the 
right  of  way  which  may  be  required  by  said  railroad; 
and  in  ascertaining  and  assessing  the  damages  and  pro- 
ceedings necessary  to  be  had  on  the  trial  by  the  jury,, 
all  the  provi-iions  of  section  ■'),  of  an  act  to  an^cnd  the 
charters  of  the  Alabama  and  Tetinessee  Rivers  Hailr.»ad 
Company,  approved  10th  Feb.,  1852,  which  are  !(]>ji!i- 
10 


1862.  146 

cable,  arc  hereby  re-cnactod  and  made  applicable  to  this 
act. 

Sec.  2.  Be  it  further  enacted.  That  said  jury  in  exe- 

Juiv    must  con-         ..  •  • /_      i      1 1     x    i  •    \  •  ^  '  ^^  t 

skier.  cuting  such  writ  shall  take  into  consideration  the  ad- 

vantnaes  and  additional  value  which  the  construction 
of  said  railroad  may,  or  has  .i^iven,  to  lands  and  other 
property  of  owners  of  the  land  embraced  in  such  writ, 
adjacent  and  near  to  said  depot  and  tra(;ks,  as  well  as 
the  injury  said  lands  and  other  property  may  sustain  by 
its  construction  through,  upon,  or  near  which  it  may  be 
constructed. 

Sec.  3.    Be  it  farther  enacted.  That  in  the  event  any 
Titie  to  vest  in  fiUch  proceedings  by  writ  of  ad  quod  damnum  shall  have 
tho^c.Knpaaics*o  i^ggj^  instituted^ by  any  two  or  more,  and  not  all  of  said 
railroad  companies,  and  the  value  of  the  lauds  so  as- 
sessed shall  be  paid  by  the  said  corporations  so  institu- 
ting such  writ,  then  the  title  to  such  lands  so   valued 
shall  vest  in  the  railroad  companies  so  sueing  out  such 
writ  of  ad  quod  damnum:  Provided,  that  thereafter  any 
other  of  said  corporations  who  may  not  have  joined  in 
such  writ,  or  may  not  have  paid  their  proportion  of  the 
daniages   assessed,   by  paying  their  proportion  of  the 
damages  and  cost  for  the  depot,  together  with  theirpro- 
portion  of  all   expenses  for  improvements  made  upon 
such  depot  grounds,  and  interest  thereon   may  become 
How  oth*  com- equal  joint  owners  in  such   depot  grounds,  and  shall. 
oomrjorn7own-  ^1^^©  tlic  right  to  suo  out  writs  of  ad  quod  damnum  for 
e"'  extension  of  tracks  to  such   depot   under  the  same  re- 

strictions, except  that  it  may  be  su-ed  out  in  the  name 
of  one  or  more  of  said  corporations  "as  is  provided  in 
this  act  for  sueing  out  writs  of  ad  quod  damnum  for  the 
common  depot  grounds.  • 
As  to  title  of       Sec.  4.  Be  it  further  enacted,  That  Avhen  the  said  lands 
land  for  '^■^'='^''- g]j{j| J  huvc  bccu  SO  condemucd  for  depot  and  side  or  di- 
.\H  to  title  of    rect  tracks,  that  the  title  to  the  land  for  tracks  shall 
<-oiiiiMoii  depot    vest  each  in  the  railroad  company,  for  whose  use  they 
are  respectively  designed,  and  the -land  for  the  depot 
shall  vest  in  all  the  said   railroad   companies  upon  the 
conditions  above  provided,  and  the  use  of  such  portion 
of  it  shall  be  exclusive  and  such  in  common  as  shall  be 
designated  and  agreed  upon   by  said  railroad  compa- 
nies, and  in  the  event  they  cannot  agree,  then  each  part 
shall  be  exclusive  and  such  in  common  as  shall  be  right 
ami  equitable. 

Sec.  5.    Be  it  further  enacted,  That  this  act  shall   not 


147  1862. 


be  construed  to  interfere  in   any  way  with  the  right  of  now  not  to  be 
said  railroad  companies  to  depots  and  rights  of  way  in  c^n^iruea. 
the  city  of  Selma,  under  their  present  charter. 
Approved  November  28,  1862. 


No.  120.]  AN  ACT 

Supplemental  and  to  amend  an  act  to  amend  the  char- 
ters of  the  Alabama  and  Tennessee  Rivers  Railroad 
Company,  the  Alab;nna  and  Mississippi  Rivers  Rail- 
road Company,  the  Selma  and  Gulf  Railroad  Com- 
pany, and  the  Western  Railroad  Company,  approved 
November  28,  1862. 

Sec.  1.  Be  it  enacted  bi/  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assenibbj 
convened,  That  the  act  of  this  legislature  specified  in 
the  ca[)tion  of  this  act,  approved  28th  November,  1862, 
be  and  the  same  is  amended  by  striking  out  the  final 
letter  "s"  where  it  occurs  in  the  word  ''Rivers,"  after '-*"" '^"  ^''''ct 

cn  out. 

the  word  "Alabama  and  Tennessee,"  where  they  occur 
in  said  act,  so  as  to  read  "the  Alabama  and  Tennessee 
River   Railroad  company,"   the  title  of  said  company 
being  misnamed  in  said  act. 
Approved  December  6,  1862. 


No.  121.]  AN  ACT 

To  amend  the  charter  of  the  Tennessee  and  Alabama 
Central  Railroad  Company,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  Inj  the  Senate  and  Hoitss  of  Hcp- 
rescntatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  for  the  purpose  of  better  developing  the 
mineral  resources  of  the  State,  the  Tennessee  and  Ala- 
bama Central  Railroad  Company,  or  their  lawful  as- 
signs, the  Mountain  liailrcad  Contracting  Company, 
are  hereby  empowered  to  construct  branch  railroails,  ,*'''y<l<*"»"l'"^' * 
not  tooxci'oa  ten  miles  m  length,  from  an}' ]toint  which 
may  be  deemed  advisable  along  the  line  of  said  railroad, 
and  in  all  proceedings  on  account  of  rightof  way,   and 


1862.  148 

land  damages  along  the  line  of  said  road  and  branches, 
the  same  forms  and  proceedings,  and  the  same  rules  and 
regulations,  shall  be  observed  as  are  prescribed  lor  like 
purposes  by  the  charter  of  the  South  and  North  Ala- 
bama Railroad  Company. 

Sec.  2.  Be  it  fuiiJier  enacted,  That  said  Tennessee 
and  Alabama  Central  Eailroad  Company,  or  their  legal 
nu"oMhe'roTd  i^ssigns,  bc  and  they  are  hereby  authorized  to  locate  the 
southern  terminus  of  said  road  at  any  point  on  the  Ala- 
bama and  Tennessee  Rivers  Railroad,  not  exceeding' 
seven  miles  east  of  Montevallo. 

Approved  November  20,  1862. 


No.  122.]  AN  ACT 

To  amend  the  Charter  of  the  Planters'  Insurance  Co. 

Sec.  1.  Be  it  enacted  hytJie  Senate  and  Hqufieof  Bepre- 
^  sentatives  of  the  State  of  Alabama  in  General  Assembly 
conve  ed,  That  when   by  reaeon  of  the  absence  of  the 
president  or  directors  of  the  Planters'  Insurance  Com- 
pany from  the  State  of  xllabaraa,  or  in  the  military  ser- 
vice of  the   Confederate    States    for   more    tlian  two 
months,  it  maj'-  be  necessary  to  elect  a  new  president, 
or  board  of  directors,  it  shall  and   may  be  lawful  for 
JiV'^JL^nt'tTcaT/u  such  of  the  board  of  directors  as  are  not  so  absent  to 
meeting, &c.      ^all  a  meeting  of  the  stockholders  to  elect  a  new  board 
of  directors,   at   such   time  and  place  as  mny  be  ap- 
pointed. 

Approved  November  20,  1862. 


No.  123.]  .  AN  ACT 

To  amend  the  Charter  of  the  Eafauhi  Home  Insurance 
Company. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Jffonse  of  Rep- 

A,iHit!„„»i  „,;„  resentatives  of  the  State  of  Alabama  in   General  A.^i^emhl]/ 

jiege  conferred,  cow venea,    1  hat  HI  addition  to  the  privileges  granted  tne 

Eufaula  Home  Insurance  Company,  by  an  act  approved 

Eeb.  8,  1861,  and  an  act  amendatory  of  said  act,  ap- 


149  1862. 

proved  Dec.  9,  1861,  said  company  arc  hereby  author- 
ized to  make  such  investments  in  tjie  stocks  of  the  Con- 
federate States,  or  either  of  them,  as  it  may  deem  ne- 
cessary to  carry  on  its  legitimate  business  under  its 
charter. 

Sec.  2.  Be  it  further  enacted.  That  said  company   in 

.,  .  ,.   ..  .     .1  ty  •  1  1  V      11  Kieht    per    cent. 

the  exercise  ot  its  privileges  or   a  savings  bank,  shalnmerest. 
be  authorized  and  allowed  to  charge  at  the  rate  of  8 
per  cent,  interest  in  all  of  its  business,  instead   of  the 
rate  ot  interest  noWallowed  it. 
Approved  December  1,  1802. 


No.  124.]  AN  ACT 

To  amend  "An  act  to  incorporate  the  South  Alabama 
Mannhicturing  Company,"  approved  February  24th, 
1860. 

Sec.  1.  Bi  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  AssemhUj 
convened.  That  an  act  entitled  "an  act  to  incorporate 
the  South  Alabama  Manufacturing  Company,"  ap- 
proved February  24,  1860,  be  amended,  bV  striking  out 

fi  1    i.^i  i»  •        xi        xi  •     1    1-  1    ■•  -•       ^  ,1       "Six"  in  place  of 

the  word  "three,    lu  the  third  line,  and  inserting  the  "three." 
word  "six." 

Am, roved  December  1,  1862. 


No.  125.]  AN  ACT 

i 

To  amend  "An  act  to  incorporate  the  Gas  Light  Com- 
pany of  Selma." 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Ilepre- 
seniative-i  of  the  State  of  Alabama  in  General  Assembly 
convened,  Tnat  so  much  of  the  third  section  of  said  act 
as  in  these  words,  to-wit:  "ordinarily  charged  in  the  JaV *"'"'""  "^ 
cities  between  Charleston,  S.  C,  and  JS'ew  Orleans,  La., 
inclusive,"  be  stricken  out  and  repealed,  and  in  lieu 
thereof  bo  inserted  the  words  following,  to-wit:  "as 
may  be  fixed  by  the  board  of  directors, "not  to  exceed 
eight  dollars  per  thousand  cubic  feet  tor  gas." 

Approved  November  7, 1862. 


1862.  150 

Ko.  126.]  AN  ACT 

To  give  to  the  Probate  Judge  or  Probate  Court  of  Au- 
tauga county  jurisdiction  over  the  estate  of  Thomas 
C.  Daniel. 

Section  1.  Be  it  niactcd  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  probate  judge  or  probate  court  of 
Autauga  count}^  is  hereby  invested  with  jurisdiction  to 
grant'letters  of  administration  upon  the  estate  of  Thom- 
as C.  Daniel,  deceased,  and  to  make  all  orders  and  set- 
tlements necessary  to  a  full  administration  and  final 
settlement  of  said  estate;  and  the  jurisdiction  of  the 
probate  judge  or  probate  court  of  Dalhis  county  over 
said  estate,  and  its  administration,  is  hereby  transferred 
to  the  probate  judge  or  probate  court  of  Autauga 
county. 

Approved  December  6,  1862. 


No.  127.]  AN  ACT 

To  authorise  the  Commissioners'  Court  of  Autauga 
county  to  levy  a  special  tax  for  the  support  of  fami- 
lies of  soldiers  in  the  war. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  commissioners'  court  of  Autauga 
county  be  authorised  to  levy  a  special  tax,  on  all  the 
taxable  property  in  said  county,  for  the  purpose  of  sup- 
porting the  families  of  soldiers  in  the  army  during  the 
war. 

Approved  November  7,  1862. 


151  .  1SG2. 

No.  128.  AX  ACT 

To  cbai)ge  the  Boundary  Line  between  Bibb  and  Au- 
tauga counties,  so  far  as  to  include  the  dwelling  bou- 
ses "of  S.  H.  Faulkner  and  T.  L.  Faulkner,  in  the 
county  of  Autauga. 

Sec.  1.  Be  it  enacted  hij  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
corwened,  Tbat  the  boundary  line  between  the  counties 
of  Bibb  and' Autauga  be,  and  is  hereby  altered,  so  as  to 
include  the  dwelling  houses  of  S.  11.  Faulkner  and  T. 
L.  Faulkner,  in  the  county  of  Autauga  ;  but  no  further 
or  other  change  of  said  line  is  to  be  made  by  this  act. 

Approved  November  7,  18(32. 


No.  129.]  AN  ACT 

To  change  the  Boundarj'  Line  of  tlie  counties  of  But- 
ler and  Conecuh. 

Sec.  1.  JSe  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Akdmma  in  General  Assembly 
convened.  That  the  boundary  line  between  the  counties 
of  Bntler  and  Conecuh  be  so  altered  as  to  include  the 
dwelling  house  of  Joseph  J.  Allen  in  the  count}'  of 
Butler. 

Ajiproved  November  24,  1802. 


No.  130.]  AN  ACT 

To  establisli  a  Bridge  across  the  Choctawhatchic  River 
in  Coffcocounty. 

Sec.  1.  Be  it  cwicird  by  the  Senate  aii^l  Home  of  Rep- 
resentative of  the  State  of  Alabama  in  General  Aasembfy  ,*  ^^.'uVf'"*',;'!^'* 
convened,   That  the  bridge  across  tiie  Cboctawhatcliieir»h«j.'  "*' 
river,  built  by  licgister  and  Broxton,  be  and  the  same 
is  hereby  established  by  law. 

Sec.  2.  Be  it  further  enacted,  That  no  road  leading  to, 


1862.  152 

N.,  mad  to  be  01'  fi'om  sa"u]  bn(]iii;e,  shall  be  obstructed  by  puttin<x  any 
lence,  or  lalluig  any  timber  m  or  across  said  road. 
-Approved  jSToveiiiber  26,  1862. 


Xo.  131.]  AN  ACT 

To  change  the- time  of  holding  the  Chancery  Court  of 
Choctaw  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  Gtney^al  Assembly 
convened,  Tliat  hereafter  the  chancery  court  of  Choctaw 
county  shall  be  held  on  Wodnestlay  after  the  third 
Monday  in  July,  instead  of  the  time. now  prescribed  by 
law. 

Approved  November  26,  1862. 


xceiJlions 


No.  132.]  AN  ACT 

To  amend  the  Koad  Law  in  Choctaw  county. 

Sec.  1.  Be  it  enacted  by  the  Se7iate  and  House  of  liep- 
are  liable  '>'c<'^<^'>iiaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  after  the  passage  of  this  act,  the  follow- 
ing persons  shall  be  liable  to  work  on,  clear  out,  and 
repiiir  the  public  roads  in  the  county  of  Choctaw,  to-wit ; 
all  free  white  male  persons  between  eighteen  and  forty- 
five  years  of  age,  and  all  male  slaves  and  other  male 
persons  of  color  over  sixteen  and  under  sixty  years  of 
ao-e. 

Sec.  2.  Be  it  further  enacted,  That  no  person  speci- 
fied in  this  act  shall  be  exempt  from  road  duty,  except 
ministers  of  the  gospel,  who  are  regularly  engaged  in 
their  pastoral  duties,  and  the  apportioners  on  roads; 
said  apportioners  to  be  exempt  only  for  each  year  that 
they  actually  and  punctually  serve  as  such,  any  law  to 
.the  contrary  notwithstanding. 

Approveil  November  18,  1862. 


153  1862. 

]^o.  133.]  AN  ACT 

Te  authorize  the  pnblicatioiis  of  Choctiiw  county  to  be 
made  in  the  city  of  Mobile. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  liep- 
reseniatices  of  the  State  of  Alabama  in  General  Assembly 
conccned,  Tliat  after  the  passago  of  this  act  it  shall  he 
lawful  for  the  officers  of  the  different  courts  hold  in 
Choctaw  county,  as  well  as  executors,  administrators 
and  guardians,  to  make  publication  in  any  newspaper 
printed  \n  the  city  of  Mobile,  whenever  there  is  no 
weekly  newspaper  printed  witiiin  the  limits  of  said 
county,  an}'  law  to  the  contrary  notwithstanding. 

Approved  November  20,  1802. 


No.  134.]  AN  ACT 

To   provide   for  the   election    of    county   treasurer  of 
Coosa  county  bj'  the  people. 

Sec.  1.  Be  it  enacted  by  ilic  Senate  and  House  of  Hepre- 
sentatwcs  of  the  State  of  Alabama  in   General  Assembly  ■E\ect\on  of  ua- 
convened,  That  the  county  treasurer  of   Coosa  county  pi'""" ^'^''''''°"' 
shall  be  elected  by  the  qualified  voters  of   said  county, 
on  the  first  Monday  in  August,  18G3,  and  every  three  Term  of  office, 
years  thereafter,  and  shall  file  his  bond  with  the  proper 
securities,  and  enter  upon   the  discharge  of  liis  duties 
v.'ithin  ten  days  after  said  election. 

Sec.  2.  Be  it  further  enacted,  That  sliould  any  vncan- 
C}'  occur  in  the  said  office  of  county  treasurer,  prior  to  How  vacancy  u> 
the  said  first  Monday  in  August,  1863,  or  at  aii}-- time ''*  ""'"^' 
thereafter,  the  judge  of  [>r()l)ate  shall  convene  the  cora- 
niissioners  court  of  ?aid  county  at  as  earl}*  a  day  as  prac- 
ticable, to  fill  said  vacancy  by  appointment,  which  ap- 
pointment, which  aiijtointment  shall  be  for  the  unex- 
pired term  and  until  the  successor  is  duly  cpuilified. 

Ap[iroved  Novcml)er  26,  1802. 


.     1862.  15  ^ 

No.  135.]  AN"  ACT 

To  amend  an  act  entitled  an  act  to  amend  the  Mechan- 
ics' lien  law  of  Dallas,  Pike  and  Coosa  counties. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in' General  Assembly 
^Bg'a  nen!^"^°'' c<^^^^^^*^5  That  any  person  having  a  lien  under  the  pro- 
visions of  the  above  entitled  act,  mpy  enforce  the  same 
in  the  following  manner:  He  may  tile  a  petition  iti  the 
circuit  court  of  the  county  in  which  the  property  issit- 
mted,  upon  which  the  lien  is  to  be  enforced,  setting 
out  the  amount  and  nature  of  his  debt  for  which  he 
claims  a  lien  describing  the  property  on  which  he  as- 
serts a  lien,  stating  the  name  or  names  of  the  owners 
or  claimants  of  the  property,  and  of  the  debtor,  show- 
ing that  his  claim  was  presented  and  recorded  as  re- 
quired by  said  act,  and  that  the  same,  or  some  part 
thereof,  within  the  jurisdiction  of  the  court,  remains 
unpaid,  and  praying  for  a  sale  of  the  property  described 
to  satisfy  the  debt  on  the  filing  of  such  petition  ;  the 
clerk  must  issue  notices  thereof  to  all  the  persons 
named  therein,  as  owners  or  claimants  of  the  property 
described,  and  to  the  debtor  requiring  them  to  appear 
at  the  next  term  of  the  court,  and  show  cause  why  the 
prayer  of  the  petition  should  not  be  granted,  which  no- 
tices shall  be  served  by  the  sheriff,  or  other  proper  offi- 
cer; when  the  notices  are  returned  executed,  the  par- 
ties notified  may  make  any  proper  defence,  by  plea  or 
answer  to  the  petition,  if  no  plea  or  answer  be  filed  at 
the  first  term  of  the  court  after  the  return  of  the  no- 
tices "Executed",  the  court  may  render  judgment  by 
default  for  the  amount  alledged  in  the  petition,  which 
may  be  proved  to  be  dues,  condemn  the  propertj^  de- 
scribed in  the  petition  to  be  sold  for  the  payment  there- 
of, and  the  costs  of  the  proceedings,  and  order  execu- 
tion accordingly,  which  execution  shall  run  against  the 
goods  and  chattels  of  the  debtor,  as  well  as  against  the 
particular  property  ordered  to  be  sold  ;  if  a  plea  or  an- 
swer be  filed,  an  issue  shall  be  made  up  under  the  di- 
rection of  the  court,  which  may  be  tried  either  by  the 
court  or  jury,  as  the  parties  may  agree,  or  by  a  jury,  if 
the  parties  do  not  agree,  aiul  the  court  shall  render 
judgment  and  award  execution,  i>i  accordance  with  the 
verdict;  but  if  the  verdict  and  judgment  be  for  the  pe- 


155  1862. 

titioner,  the  execution   shall   run  as  above  directed  in 
case  of  judgment  by  default. 

Sec.  2.  A7id  he  it  further  enacted,  That  the  fees  of  the 

,       ,  1      1         -/I.  ii  <i>  r        •  '  1  Fees    of   officer* 

clerk  and  sheriii,  or  other  omcer,   tor  issuiiio;  and  sorv- underfills  act. 
ing  the  notices  required  by  this  act,   and  tor  all  other 
services  rendered  in  the  proceedings  authorized  l)y  this 
act,  shall  be  the  same  as  in  proceedings  by  complaint 
and  summons  to  recover  debts. 

Sec,  3.  And  be  it  further  enacted,  That  the  remedy  here-  Romedy  merely 
by  given  shall  be  cumulative  merely,  and   any   person  *'"™"'*"'^'^" 
having  a  lien  under  the  provisions  of  the  act  of  which 
this  an  amendment  may  enforce  the  same  in  a  court  of 
chancery  notwithstanding  this  act. 

Sec.  4.  And  he  it  further  enacted,  That  no  proceeding  no  prior  or  sub- 
or  sale  under  the  provisions  of  this  act  shall  irnp^ii' or  ^,^^^^"g*;j''^'j.''"^™- 
destroy  any  prior  or  subsequent  lien   under  the  act  of  stroyed. 
which  this  is  an  amendment. 

Approved  JSovember  8,  1862. 


No.  136.]  AN  ACT 

To  authorize  the  Court  of   County  Commissioners  of 
Fayette  and  Morgan  counties  to  levy  a  tax  on  Dogs. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Houf>e  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly  Authority  to 
convened,  That. the  court  of  county  commissioners  of '*''^'" 
Fayette  and  Morgan  countie?,  are  hereby  authorized,  if 
they  deem  it  expedient,  to  levy  a  tax  on  all  dogs,  over 
and  above  two,  that  may  be  owned  by  any  family  in 
said  counties. 

Sec.  2.  Be  it  further  enacted,    That  said  tax  shall  be 
assessed  and  collected  by  the  assessors  and  collectors  of 
said  counties,  and  when  collected  shall  be  apjiropriated    xaximwiobo 
to  the  support  of  the  indigent  families  of  volunteers  in 'p'""''"''*'^- 
said  counties. 

Sec.  3.  Be  it  further  enacted,  The  tax  so  assessed  by 
the  court  of  county  commissioners  shall  not  exceed  one    Taxnoitoex- 
dollar  for  each  dog  over  and  above  two  owned  by  any 
family  in  said  counties. 

Sec.  4.  Be  it  further  enacted^  The  dogs  owned  by  any 


1862.  156 

Explanatory.     oiiG  member  of  the  family,  either  white  or  black,   shall 
be  considered  as  belonging  to  the  family. 
Approved  December  6,  1862. 


^o.  137.]  AN  ACT 

To  change  the  boundary  line  between  the  Counties  of 
Jefferson  and  Shelby. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  Gendral  Assembly 
comened,  That  the  boundary  line  between  the  counties 
of  Jefferson  and  Shelby  be  so  changed  as  to  include 
William  S.  Earnest  and  his  residence  in  the  county  of 
Jefferson. 

Approved  December  4,  1862. 


No.  138.]  AN  ACT 

To   authorize  certain   officers  of  Jefferson  county   to 
make  publication  in  the  newspapers  of  Selma. 

Sec.  ] .  JBe  it  enacted  by  the  Senate  and  Hovse  of  Repre- 
sentatives of  the  State  of  Alabama  hi  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
it  shall  be  lawful  for  the  probate  judge,  register  in 
chancery,  clerk  of  the  circuit  court,  sheriff,  and  all  ex- 
ecutors and  administrators,  and  guardians,  of  Jefferson 
county,  to  make  all  publications  required  to  be  made 
by  them  respectively,  either  in  the  newspapers,  pub- 
lished at  Selma  Alabama,  or  in  those  now  designated 
by  law. 

Approved  November  24, 1862. 


No.  139.]  AN  ACT 

To  hold  a  special  Term  of  the  Chancery  Court  in  the 
county  of  Jefferson. 

.  Sec.  1.    Be  it  enacted  by  the  Senate  and  House  of  Repre- 


167  1862. 

sentathies  of  the  S  die  of  AUdmma  in  General  Assembb/ 
convened,  That  it  shall  be  the  flnty  of  the  chancellor  of 
the  middle  chancery  division,  of  the  State  of  Alabama, 
and  he  is  herebv  required  to.hold  a  special  term  ol  the 
court  of  chancery,  for  the  twenty-second  (22)  chancery 
district,  middle  division  of  Alabama,  on  the  fouth  (4) 
Monday  in  December,  18G2,  which  court  shall  continue 
to  be  held  and  adjourned,  from  day  to  day,  until  all  the 
business  of  said  chancery  court  is  disposed  of;  and 
should  said  chimcellor  not  open  said  court,  on  said 
fourth  (4)  Monday,  it  shall  be  lawful  for  him  to  open 
and  hold  the  same  on  the  Tuesday  or  Wednesday  fol- 
lowing. 
Approved  Koveraber  20,  1862. 


No.  140.]  AI:^  ACT 

To  detach  Macon  county  from  the  Middle,  and  attach 
it  to  the  Southern  Chancery  Division  ;  and  to  de- 
tach Sumter  county  from  the  Southern,  and  attach  it 
to  the  Middle  Chancery  Division. 

Sec.  1.  Be  it  enadnd  by  the  Senate  and  House  of  liep- 
resenfaiives  of  the  State  of  Alabama: in  General  Assembly  &s  io  itacor.. 
convened,  That  the  county  of  Macon  be,  and  the  same 
is  hereby  detached  from  the  middle  and  attached  totlio 
southern  chancery  division  ;  and  that  the  county  of 
Sumter  be  detached  from  the  soutliern  and  attached  to 
the  middle  chancery  division. 

Sec.  2.  ^^'^i^^etY/^fW/tercnac^ec?,' That  the  chancellors 
of  the  middle  and  sonthern  chancery  division  may  fix^'*"^'"™'^''- 
the  time  for  holding  their  chancery  courts  in  the  said 
counties  of  Macon  and  Sumter,  by  giving  due  notice 
thereof  bv  pul)lication  in  a  newspaper. 

Approved  November  28,  li<62. 


158 

AN  ACT 

To  authorize  the  commissioners'  court  of  Macon  county 
to  appropriate  a  certain  amount  of  the  taxes  levied 
for  coudt}-  purposes,  to  the  support  of  the  indigent 
families  of  volunteers,  &c. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives'of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  commissioners'  court  of  Macon 
county  be,  and  they  are  hereby  authorized  to  appropri- 
priate  sixty-live  per  cent,  of  the  taxes  assessed  for  coun- 
ty purposes,  to  the  support  of  indigent  families,  in  Ma- 
con county,  of  volunteers,  or  conscripts,  in  the  service 
of  the  Confederate  States  from  said  county,  under  such 
rules  and  reguletions  as  said  court  may  from  time  to 
time  establish. 

Approved  November  7,  1862. 


No.  142.]  AN  ACT 

To  require  the  County  ^Treasurer,  of  Marshall  county' 
to  register  certain  claims  against  the  county  of  Mar- 
shall. 

Sec  1 .  Be  it  enacted  by  the  Senate  and  Ilotise  of  Hep- 
resentatives  of  the  State  of  Alahaina  in  General  Assembly 
convened,  That  the  county  treasurer  of  Marshall  county 
is  hereby  required  to  register  the  county  claims  of 
Thomas  J.  Cockron,  late  sheriff  of  said  county,  when 
said  claims  have  been  approved  by  the  probate  judge  of 
said  county,  any  law  to  the  contrary  notwithstanding. 

Approved  November  7,  18G2. 


No.  143.]  AN  ACT 

To  legalize  the  action  of  the  Court  of  County  Commiss- 
ioners of  Marshall,  Fayette  and  Barbour  counties,  in 
levying  a  special  tax  for  t;he  support  of  the  families 
of  soldiers. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Idolise  of  JReprc 


169  1862. 

senfaiivcs  of  the  State  of  Alabama  in  General  Assembly  Duty  or  tax  coi- 
convencd^  That  any  action  of  the  courts  of  county  com- '''°'°"' 
ty  commissioners   of  Marshall,    Fayette   and  Barbour 
counties,  had  since  the  last  session  of  this  assembly, 
having;  for  its  object  the  levy  of  a  special  tax  upon  the 
taxalile  property  in  said  counties,  for  the  support  of  the 
families  of  soldiers  in  the  service  of  the  Confederate 
States,  or  of  this  State,   be,  and  the  same  is  liereby  le- 
galized ;  and  it  shall  be  the  duty  of  the  tax  collectors 
for  said  counties  to  collect  and  pay  over  as  speedily  as 
practicable,  to  the  judges  of  probate  of  said  counties 
I'espectively,  so  much  of  said   special   tax  as  shall  not 
have   been   voluntarily  [)aid  ^by  the  tax  payers,  against 
whom  the  same  may  have  been  assessed. 
Approved  November  5,  1862. 


No.  144.]  AN  ACT 

To  change  the  time  of  holding  the  Circuit  Courts  in  ^ 

Marion,  Walker  and  Winston  counties,  and  for  other 
purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Ihp- 
resentaiives  of  the  State  of  Alabama  in  General  Assembly  j^^  lo  Marion 
cojivened,  That  from  and  after  the  passage  of  this  act,  county. 
tiie  county  of  Marion  be  detached  Irom  the  fourth  ju- 
dicial circuit,  and  attached  to  the  third  judicial  circuit; 
and  that  the  county  ol  Winston  be  detached  from  the 
third  judicial  circuit,  and  attached  to  the  fourth  judicial 
circuit. 

Sec.  2.  Be  it  farther  enacted,  That  the  time  of  hold- Kimr- oriioMinc 
ing  the  circuit  courts  shall  here^ifter  be,  in  the  county  <'"""!  '"  "*''' 
of  ^Marion  on  the- seventh  Monday  after  the  first  Mon- 
day in  March  and  Scjitcmbcr,  anciniay  hold  one  week; 
and  in  the  county  of  Walker  on  the  eighth  Monday 
after  thw  first  Monday  in  March  and  Sciitember,  and 
may  hold  one  week;  and  in  the  county  of  Winston  on 
the  ninth  Monday  after  the  first  Monday  in  March  and 
Septeml)erj  and  may  hold  one  week. 

Sec.  3.    Beit  further  enacted,  That  all   PXPcutions,  j.jjp^„„^„,  ^^,i 
writs,   suliixrnap,   bonds,  and   process  of   every   kind,*^c. 
made  returnable  lo  any  of  said  courts,  at  the  times  now  whco  wiurmbie 
provided  by  hny,  shall  be  and  the  same  arc  hereby  made 


1862.  160 

rctuniaWe  to  said  circuit  courts  at  the  time  prescribed 
by  this  act. 

Sec.  4.  Be  it  further  enacted^  That  all  laws  aud  parts 
of  laws,  contravening  the  provi.'^iou  of  this  act,  be  and 
the_sanie  are  hereby  repealed. 

Approved  November  l^i,  1862. 


No.  145.]  AN  ACT 

To  enable  the  corporate  authorities  of  the  city  of  Mo- 
bile to  levj^  an  additional  tax  on  real  estate  for  Mu* 
nicipal  purposes. 

Sec.  1.  Be  it  enacted  hy  ike  Senate  and  House  of  Rep- 
reseiit'atives  of  ike  State  of  Alabama  in  General  Assembly 
convened,  That  the  corporate  authorities  of  the  city  of 
Mobile  are  hereby  authorised  to  levy  an  additional  tax 
of  not  exceeding  twenty  cents,  on  each  one  hundred 
dollars  in  value  of  the  real  estate  of  said  city,  to  that 
now  authorized  by  law,  the  same  to  be  collected  as 
other  taxes  on  real  estate  are  collected  in  said  city,  and 
to  be  used  for  municipal  purposes  t  Provided^  That  this 
act  shall  continue  in  force  for  twelve  months  from,  tho 
date  of  its  passage,  and  no  longer. 

Approved.  Dec.  8th,  1862. 


N"o.  146.]  AN  ACT 

To  authorize  the  judge  of  probate  of  Mobile  county, 
to  remove  his  office  records  to  a  place  of  safety,  and 
for  other  purposes. 

Section.  1.  JBe  it  enacted  hy  the  Senate  and  House  of  Bep- 
resentalwcs  of  the.  State  of  Alabama  in  General  Assembly  . 
convened,  That  the  judge  of  probate,  of  Mobile  county, 
be  and  he  is  hereby  authorized  to  remove  the  papers, 
books,  and  records  of  his  oilice,  to  a  place  of  safety, 
whenever  he  shall  deem  said  removal  necessary  to  pre- 
serve them  from  the  public  enemy. 

Sec.  2.  Jie  it  further  enacted,  That  said  judge  of  pro- 
bate shall  have  the  right  to  perform  all  the  duties  of 


161  1862. 

his  office   in  any  county  of  this  State,   to  which  tlic 
papers,  books,  and  records  of  his  office,  riiay  be  removed 
under  tliis  act. 
Approved  December  5,  18G2. 


No.  147.]  AN  ACT 

To  amend  An  act  for  the  iniprovenicnt  of  the  Buy  and 
Harbor  of  Mobile. 

Section  1.  Be  U  enacted  by  the  Senate  and  House  of  Bep- 
resentatwes  of  "the  Slate  of  Alabama  in  General  Assembly 
convened.  That  so  much  of  the  ret  for  the  improvement 
of  tlie  bay  and  liarbor  of  Mobile,  approved  February 
21,  1860,  as  provides  that  onc-tifth  part  of  the  revenue  As  to  ihedispo- 
that  may  herc^aftcr  be  annually  collected  in  the  county  flfih""a'^io 'Si 
of  Mobile,  for  the  use  of  the  State,  should  be  relin- 
quished, and  donated  to  the  presidetit-and  commission- 
ers of  revenue  of  Mobile  county,  be  and  the  same  is 
hereby  repeale  1,  and  the  tax  collector  is  required  to  ac- 
count for,  and  pay  over,  the  said  one-fifth  in  the  same 
manner  that  the  balance  of  State  tax,  for  said  county 
of  Mobile,  is  paid  over  and  accounted  for. 

Ap[)roved  Beceraber  5,  1862. 


No.  148.]  AN  ACT 

To  amend  An  act  entitled  An  act  to  protect  the  Elec- 
tion Franchise  'in  Municipal  Elections  in  the  city  of 
^Ii'bile,  a[tproved  5th  December,  1861. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  Stale  of  Alabama  in  General  Assembly  Amcn.ici  a%  to 
eonrenrd.  That  the  above  named  act  be,  and  is  herebv  so 'P'"''!""^"^   "^ 

d\  ,  .  ,  .  ,,1  *'  .       Ciinimissloncrs. 

ed  as  to  require  the  ap]»ointraent  ot  the  commis- 
sioners therein  namcy^,  and  a  registration  of  the  names 
of  the  voters,  every  three  years,  viz :  next  preceding 
the  general  election  in  saWl  city,  instead  of  annually  as 
i«  provided  by  said  act,  to  which  this  is  an  amendment, 
the  first  appointment  of  commissioners  and  registra- 
tion, to  ho  niade  before  and  from  tlio  election  to  be  JJ^:"/*  *"*" 
II 


1 


1862.  162  . 

holilcii  on   the  first  Monday  in  December,  1864,  and 
every  three  years  thereafter,  in  the  manner  provided  by 
said  act. 
Approved  November  3,  1862. 


No.  149.]  AN  ACT 

To  authorise  the  enrollment  of  the  Creoles  of  Mobile. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  certain  persons  of  mixed  blood,  residing 

roUe'.r'"''^^""in  the  city  and  county  of  Mobile,  commonly  known  as 
Creoles,  be  and  the  same  are  hereby  antjiorised  to  be 
enrolled  as  militia  for  the  defense  of  the  citj'and  county 
of  Mobile,  if  in  the  opinion  of  the  mayor  of  the  city  it 
is  expedient. 

Sec.  2.    Be  it  further  enacted,  That  the  enrollment. 
,  authorised  by  the  first  section  of  this  act  shall  be  made 

to  be  made.  as  follows,  to-wit :  thc  mayor  shall  enroll  each  male 
Creole  between  the  ages  of  eighteen  years  and  fifty 
years,  who  wishes  to  be  enrolled;  he  shall  then  divide 
them  into  suitable  companies,  and  appoint  some  dis- 
creet white  men  as  commissioned  officers  to  command 
said  companies.  Said  companies  shall  be  confined  ex- 
clusively to  the  defense  of  the  city  and  county  of  Mo- 
bile, and  shall  be  under  the  command  of  the  military 
authorities  in  the  city  of  Mobile. 
Approved  November  20, 1862. 


No.  150.]  AN  ACT 

To  provide  for  the  defense  of  Mobile. 

Sec.  1.    Be  it  enacted  hy  the  Senate  and  House  of  Rep- 

7'esentatives-of  the  Slate  of  Alabama  in  General  Assembly 

Five  hundred  convcned.  That  the  sum  of  five  hundred  thousand  dol- 

liioiisand  dollars  ,  1,1  <•  1        '  •      1  1 

ai)i)roi.riatta.  lars,  or  SO  much  thereof  as  may  be. necessary,  is  hereby 
approi)nated  to  the  defense  of  Mobile,  under  the  direc- 
tion of  the  governor,  to  be  drawn  on  his  warrant  on  the 
state  treasury,  as  provided  for  by  clause  3,  section  3  of 


163  1862. 

an  act  entitled  "an  act  making  appropriations  for  tlie 
military  defense  of  the  state,"  approved  Htlr  February, 
1861. 

Approved  November  8,  1862. 


No.  151]  AN  ACT 

To    authorise    the   Commissioners'   Court   of   Monroe 
count}'  to  levy  a  special   tax. 

Si:c.  1.  Be  it  enadcd  hy  the  Senate  and  Hoiise  of  liep- 
resenfatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  court  of  county  conimissioners  of 
Monroe  county  is  hereby  authorised  to  levy  a  tax,  not 
exceetliniii;  one  hundred  per  cent,  on  the  state  tax,  for 
the  support  of  indigent  families  of  volunteers. 

Approved  December  6,  1862 


No.  152.]  AN  ACT 

To  authorise  the  corporate  autlioritics  of  the  city  of 
Montgomery  to  control  and  improve  the  grounds 
around  the  capitol. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Ttepre- 
sentatircs  of  the  State  of  Alabamd  in  General  Assembly 
convened,  That  in  case  the  corporate  authorities  of  the 
city  of  Montgomery  shall  hereafter  purcliase  the  vacant 
lots- immediately  north  of  the  cafiitol  grounds,  the  said 
autliniiiies  arc  hereby  authorised,  from  and  after  said 
purchase,  to  take  and  keep  the  fhargc  and  custody  of 
the  grounds  of  the  state  around  the  cajiitol,  for  the  pur- 
pose of  improving  and  adorning  those  grounds,  and 
preserving  the  improvements  and  adornments  they  may 
make,  and  to  make  rules  and  regulations  to  carry  out 
the  object  of  this  act :  Provided^  however,  that  tlie  chartfc 
and  custody,  and  rules  and  regulations  of  said  corporate 
authorities,  in  relation  to  said  grounds  around  the  cap- 
tol,  shall  at  all  times  be  subject  to  modification  or  au- 
iiulnicnt  by  the  governor  or  by  the  general  assembly. 

Aii[troved  November  25,1862. 


1862.  164 

Ko.  153.]    ^  A'S  ACT 

To  change  the  Boiinchny  Line  between  Montgomerj 
and  Pike  counties. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly' 
convened.  That  the  county  boundaries  between  the 
counties  of  Montgomery  and  Pike  be  so  changed,  as  to 
embrace  within  the  territory  of  Montgomery,  the  resi- 
dence of  Johnathan  T.  Thomas. 

Approved  November  2i:^,  1862. 


No.  151.]  AN  ACT 

To  define  the  fees  of  tlie  Justices  of  the  Peace  and  Con- 
stables in  the  city  ot  Montgomery. 

Sec.  1.  Be  it  enacted,  by  tne  Senate  and  House  of  Bcp- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.^  That  from  and  after  tiie  passage  of  this  act, 
justices  of  the  peace,  constables  and  jurors,  on  the  trial 

P***-  by  jury  before  justices  of  the  peace,  in   beats  numbers 

4  and  5  hi  the  city  of  Mo?itjzomery,  shall  be  entitled  to 
the  following  fees  for  their  services,  in  civil  cases  in  the 
following  particulars,  viz  :  justices  of  the  peace,  for  each 
appeal  bond,  75  cents,  .veniri  facias,  75  cents,  each  sub- 
poena for  witness,  25  cents,  swearing  jury,  25  cents,  each 
day  presiding,  extra,  ^1  50;  constables,  for  summoning 
jury,  ^1  50,  summoning  each  witness,  50  cents,  attend- 
ing on  trial  each  day,  $1  00 ;.  jurors,  for  attending  on 
trial  each  day,  ^1  50  ;  all  of  which  shidl  be  tMxed  agiiinst 
the  unsuccessful  party  in  the  suit  in  which  the  same 
may  accrue. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  relative  to 

Certain!  a>vsTe-jury  trials  bcforc  j usticcs  of  the  [leace,  conflicting  with 

'^'^^'^  '  the  foregoing,  arc  hereby  repealed. 

Approved  December  8,  1862. 


F<iriTier  tax  le- 


165  1862. 

No.  1:5.]  AN  ACT 

To  lejjalize  the  acts  of  the  Commissioners'  Court  of 
Morgan  county. 

Sec.  ].  Be  it  enacted  by  the  Senate  and  Home  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  tax  levied  by  the  commissioners'  gailwa.  '"'^  ^' 
court  of  Morgan  county,  for  the  purpose  of  refunding 
money  to  those  who  have  advanced  money  to  equip 
volutoor  companies,  or  who  had  advanced  money  or 
provisions  to  support  the  families  ot  volunteers,  be  and 
the  same  is  hereby  legalized. 

Sec.  2.  Be  it  further  enacted^  That  all  taxes  heretofore  gJi'^X' 
levied   by  said  court,  for  the  support  of  soldiers'  fami- 
lies in  said  county,  be  and  the  same  is  hereby  legalized. 

Approved  December  2,  1862. 


No.  15<;.]  AN  ACT 

To  authorize  the  Sheriff  and  other  officers  of  the  county 
of  llusscll  to.  make  publication  in  a  newspaper  pub- 
lished in  the  citv  of  Columbus,  Geori^ia. 

Src.  ] .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in  General  Assemtdy 
convened,  That  during  such  time  as  no  newspaper  is  pub- 
lished in  the  county  of  Russell,  the  judge  of  probate, 
the  register  in  chancery,  the  clerk  of  the  circuit  court, 
and  the  sheriff  of  the  same,  are  herel)y  authorized  to 
have  published  in  any  newspaperof  the  city  of  Colum- 
bus in  the  state  of  Georgia,  all  such  notices  and  adver- 
tisements as  by  law  they  are  required  to  have  inserted 
in  a  newspaper. 

Approved  November  17,  1862. 


1862,  166 

No.  157.]  A"JT  ACT 

To  prevent  the  destruction  by  fire  of  property  in  the 
towns  and  villages  of- the  counties  of  Shelb}-,  Jeffer- 
son and  St.  Ckiir. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  Stat''.  <>f  Alabama  in  General  Assembly 

wHi?iVhaif  mile  ^^'^^'^"^'^'  "^^^'^^  ^^  ^^^^^^  "^^  b®  hiwful  for  aiiy  person 
without  consent,  other  than  citizens  of  the  counties  of  Jefiersou, 
Shelby,  and  St.  Chiir,  in  the  State  of  Alabama,  to  store 
cotton  in  anj-  town  or  village  of  said  county  of  Shelby 
or  within  a  half  mile  thereof,  except  at  railroad  depots, 
without  the  consent  in  writing  of  at  least  three-h)urths 
of  the  householders  of  said  town  or  village. 

Sec.  2.  Be   it   farther  enacted,  Thatt  it  shall  be  the 
„  ,    ,  ,    ._    duty  of  the  sheriff  of  Shelbv  county,  if  cotton   is  now 

Duty  of  sheriff.  J  ^  ,^^  n  i  • 

or  may  be  stored  in  any  town  or  vulage  oi  his  county, 
without  the  consent  as  aforesaid,  as  soon  as  he  is  in- 
formed of  the  same  to  notify  the  owners  or  agent  of  such 
owner  in  writing  to  remove  the  same  within  ten  days 
beyond  the  limits  set  forth  in  section  one  hereof,  and 
it-  such  owner  or  agent  refuse  to  remove  the  same,  such 
sheriff  shall  remove  the  same  at  the  -expense  of  the 
owner  aforesaid. 

Sec.  3.  Be  it  further  enacted,  That  for  the  services 
Allowance  for  performed  by  the  sheriff'  as  {^foresaid,  he  shall  be  allow- 

such  service.  ed  One  dollar  per  bale  for  each  bale  of  cotton  sore- 
moved,  and  reasonable  charges  for  the  hands  and  teams 
employed  by  him  in  removing  the. same,  and  one  dollar 
for  ever}^  notice  given  under  the  provisions  of  the  sec- 
ond section  hereof  as  costs  of  such  proceedings. 

Sec.  4.   Be  it  farther  evaded,  That  the  costs  which 
Costs  a  lien  on  may  bc  iucurrcd  under  section  three  hereof,  shall  be  a 

necoiton.  jjyj,j  ^ij  ^jj^  cotton  so  rcmoved,  and  the  sheriff  is  herebj'' 
authorized  to  sell  the  same,  or  so  much  as  may  be  ne- 
cessary to  pay  such  costs  at  the  expiration  of  ninety 
(90)  days  from  such  removal,  at  public  auction,  for  casli, 
and  pay  such  costs,  unless  the  same  shall  be  paid  with- 
in such  time. 

Sec.     5.    Be  it  farther  enacted,    That   if  the   sheriff' 

Penalty  if  sheriff  aforesaid  fiiils  or  refuses  to  perform   the  duties  in  the 

fills  or  '•'^'■"^^8.  g^,pj.^j-,^l  gpct-jon  hereof,  he  shall  be  liable  to  indictment, 
and  on  conviction  shall  be  fined  not  less  than  live  liuii- 


167  1862. 

(Ired  dollars  nor  more  than  two  thousand  dollars  at  the 
discretion  of  the  jury  trying  the  same. 
Approved  December ,9,  1802. 


No.  158.]  AN  ACT 

To  amend  the  law  in  relation  to  Public  Bridges  in  Sum- 
ter county. 

Sec.  1.  Be  it  enacted  bji  the  Senate  and  Home  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Asstmhly 
coiicened,  That  the  probate  judge  of  Sumter  county,  be 
and  he  is  hereby  authorized  to  make  appropriations  and 
contract  for  repairing  any  public  bridge  in  tho  said 
county  of  Sumter  durin/  the  vacation  of  the  comi^iis- 
sioners  court,  the  probate  judge  to  be  governed  in  all 
respects  l)y  laws  and  reguhitions  in  contracting  for  said 
repairs,  as  are  jirescribed  for  the  government  of  com- 
missioners court  of  said   county. 

Approved  November  8,  1862. 


No.  159.]  AX  ACT 

To  provide  means  for  arresting  the  spread  of  the  small 
pox  ill  the  county  of  Tallapoosa,  and  for  other  pur- 
poses. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Jlcpre- 
sentatives  of  the  State  of  Alabama^  in  General  Assembly 
convened,  That  the  sum  of   three  thousand  doUars,  or !'\T  """""*"!* 
so  much  tliereor  as  ma}'  be  necessary,  be  and  the  same  an-d- 
is  hereby  approjtriated  out  of  any  money  in-  the   treas- 
ury, not  otherwise  appropriated,  for  the  purpose  t)f  en- 
abling tlie  court  of  county  ccnnniissioners  of  the  coun- 
ty ot  Tallapoosa,  to  take  prompt  and  cflicient  measures    runwse  of  the 
to  arrest  the  spread   of  small  pox,  and  alio rd  relief  to  "'''""''''''"""■ 
the  poor  of  said  county  alHicted  therewith. 

Sec.  2.  Be  it  further  enacted.  That  the  comptroller  be  roniptroiur  <n 
and  he  is  hereby  authorized  to  dj-aw  his  warrant  on  the  draw  h\n  w;,r- 
treasurerfor  said  sum,  or  so  much  thereof  as  may  be™"' 


1862.  168 

necessary  in    favor  of  the  judge  of  probate  of  said 
county. 
Approved  November  26,  1862. 


Ko.  160.]  AN  ACT 

More  cftectually  to  provide  for  the  support  of  the  indi- 
gent families  of  sohliers  in  the  Confederate  army 
from  the  county  of  Walker. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  county  commissioners  of 
^''county  com- ^^^alkercouiity,  be  and  they  are  hereby  authorized  to 
nnssioners  may  }ij{,e  guch  number  of  slavcs  as  in  their  discretion  they 
may  deem  proper,  and  to  re-hire  the  same  in  their  coun- 
ty to  responsible  parties,  taking  notes  or  bonds  with 
two  good  securities  payable  in  provisions,  to  be  deliv- 
ered in  the  year  1863,  at  such  times,  places,  prices,  in 
such  quantities,  and  of  such  kind  as  may  be  agreed  up- 
on, which  provisions  shall  be  distributed  to  the  indi- 
gent families  of  soldiers  in  the  State  or  Confederate 
army,  as  provided  in  an  act  to  provide  for  the  support 
of  the  indigent  families  of  soldiers  in  the  Confederate 
army  from  the  State  of  Alabama,  approved  November 
12,  1862. 

Sec.  2.  Be  it  further  enacted.  That  to  carry  into  effect 

the  object  contemplated  in   the  foregoing  section,  the 

May_^einpioy  an  g,^-^  court  is  hereby  authorized  to  employ  an  agent  at 

such  price  as  may  be  just  and  reasonable  to  make  all 

necessary  contracts  for  the  hiring  of  said  slaves  under 

the  direction  of  said  court,  ajid  said  court  is  hereby  au- 

How  agent  may  thorizcd  to  pay  the  hire  of  said  slaves  and  such  agent 

be  paid.  ^^^jj^  (^j-  ^[jg  moucy  or  funds  appropriated,  or  which  may 

be  appropriated  to  said  county  under  the  provisions  of 

the  above  cited  act. 

Approved  November  26,  lB62. 


169  1862. 

No.  161.]  AN  ACT 

To  give  the  Probate  Judge  of  Coffee  county  jurisdiction 
of  the  Estate  of  John  J.  Allsubrooks,  late  of  Cov- 
ington county. 

Section  1.  Be  it  enacted  b>/  the  Senate  and  House  of  Rep- 
resentatices  of  the  State  of  Alabama  in  General  Assembly 
convened,  H'hat  whenever  James  W.  Stailings  ai.d  Ma- ^.fj^JJ^f "°°' p'"^- 
tilda  Allsabrooks,  administrators  of  the  estate  of  John 
J.  Allsabrooks,  late  of  Coviiigton  county,  deceased, 
shall  have  made  a  settlement  in  the  probate  court  of 
Covington  county,  of  their  administration  of  said  es- ^  .  ^f  probate 
ta to,  as  far  518  they  shall  have  administered  the  same,  judge, 
and  shall  have-paid  tiie  costs  accrued  in  said  court  upon 
the  same,  it  shall  be  the  duty  of  the  probate  ja<lge  of 
Covington  count)',  upon  the  jipplication  of  said  admin- 
istrators, to  transmit  to  the  probate  court  oi'  Coffee 
county  the  original  papers  on  lile  in  his  office,  pertain- 
ing to  said  estate,  and  a  certified  copy  of  all  ihe  orders, 
entries,  and  decrees,  on  the  minutes  of  his  court,  and 
thereupon  ihe  probate  court  of  Coliee  county  shall  have 
as  full  and  completejurisdiction  of  said  estate,  as  though 
said  deceased  had  died  a  resident  citizen  of  said  county 
of  Cofiee :  Provided,  That  l»efore  this  act  shall  take 
etfect,  the  sureties  on  the  official  bond  of  said  adminis- 
trators, shall  tile  their  written  assent  to  the  provisions 
of  this  act,  in  the  probate  court  of  Covington  and  Cof- 
fee counties,  or  in  default  of  such  assent,  a  new  bond 
be  given  by  said  administrators,  to  be  approved  of  by 
the  probate  judge  of  Cofiee  county. 

Approved  November  2<3,  1862. 

_  \ 


No.  162.]  A^'  ACT 

To  give  the  Probate  Judge  of  Butler  County  jurisdic- 
tion over  the  estate  of  Benjamin  W.  Campbell,  late 
of  Pike  Count^,  deceased. 

Skc.  1.  Be  it  enn/ied  by  the  Senate  and  Home  of  Repre- 
acntativea  of  the  State  of  Alabama  in  Genei'al  Assembly    conditioBt  or 
convened,  That  wljeiiever  Mary  A.  Campbell,  executrix  ^J*';,"^*'^ J"'' •• 
of  the  estate  of  Benjamin    W.  Campbell,  late  of  Piko 


1862.  170 

county,  deceased,  sliall  liave  made  a  settlement  in  the 
probate  court  of  Pike  county,  of  her  administration  of 
said  estate,  as  far  as  she  shall  have  administered  the 
same,  and  shall  have  paid  the  costs  accrued  in  said 
court  upon  the  same,  it  shall  be  the  duty  of  the  pro- 
bate judge  of  Pike  county,  upon  the  application. of  said 
executrix,  to  transmit  "to  the  probate  court  of  Butler 
count}',  the  original  papers  on  file  in  his  office,  pertain- 
ing to  said  estate,  and  a  certified  copy  of  all  orders, 
entries  and  decrees,  on  the  minutes  of  his  court;  and 
thereupon  the  probate  court  of  Butler  county  shall 
ha.ve  as  full  and  complete  jurisdiction  of  said  estate  as 
though  said  decedent  had  died  a  resident  citizen  of  said 
county  of  Butler.:  Provided,  That -before  this  act  shall 
sent  of  securi-  take  effect,  the  sureties  on  the  official  bond  of  said  ex- 
"^^"  ecutrix  shall  file  their  written  assent  to  the  provisions 

of  this  act,  in  the  probate  courts  of  Pike  and  Butler 
counties,  or  in   default  of  such  assent,  a  ngw  bond  be 
given  by  said  executrix,  to  be  approved  of  by  the  pro- 
bate judge  of  Butler  county. 
Approved  November  3,  1862. 


ITo.  163.]  AN  ACT 

To  remove  the  estate  of  Nancy  M.  Thompson,  deceased, 
from  Tuscaloosa  to  Greene  county,  in  this  state. 

Sec.  1.  Beit  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  at  any  time  after  the  resignation  and  final 
^,         ,  ,  settlement  of  Edward  Rencher,  as  administrator  or  ex- 

Wben  probale  _,  p-vt  \  t      ttw  -j.! 

judge  fif  Greene  ecut^^r  01  the  cstatc -ot  JNaucy  M.  iiiompson,  in  the 
mfJistSn.^''  pi'obate  court  of  Tuscaloosa  county,  it  shall  be  lawful 
for  the  probate  judge  of  Greene  county  to  grant  admin- 
istration upon  said  estate  remaining  .unadministered, 
and  to  take  full  jurisdiction  over  said  unadministered 
estate,  and  make  all  orders  and  decrees  in  respect 
thereto,  as  if  said  probate  judge  of  Greene  county  had 
had  original  jurisdiction  over  the  same;  and  it  shall  be 
lawful  for  the  administrator  of  said  estate,  appointed 
by  the  probate  judge  of  Greene  county,  to  remove  the 
slaves  and  other  personal  property  belonging  to  said 
estate  from  Tuscaloosa  county  to  said  Greene  county, 


171  1862. 

Sec.  2.    Be  it  further  enacted,  That  after  the  resigna- Duty  of  judge  of 
tion,  settlement,  and  appointment  mentioned  in   tj^g ''■"''^=^'°''5'»' 
first  section  of  this  act,  it  shall  be  the  duty  of  the  pro- 
bate judge  of  Tuscaloosa  county  to  transfer  to  the  pro 
bate  court  of  Greene  county,  all  the  original  papers  on 
file  in  his  office  relating  to  said  estate,  together  with 
copies  of  all  orders  and  decrees  in  respect  thereto,  duly 
certified  un<]er  his  hand  and  the  seal  of  the  court. 
-Approved  November  18,  1>62. 


No.    64.]  AN  ACT 

In  relation  to  the  real  estate  of  Duncan  L.  Nicholson, 
deceased. 

Sec.'  1.  -Z?e  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in   General  Assembly 
convened,  That  ,it  shall  be  lawful  for  the  probate  court         .^ 
of  Pike  county  to  authorise  Mary  A.  Nicholson  and  J.  cedent'tosairoi- 
T.  Russell,  as  the  personal  representatives  of  the  estate '^*"''"'*'®" 
of  Duncan  L.  Nicholson,  deceased,  late  of  said  county 
of  Pike,  on  the  hearinsx  of  an  application  properly  filed 

t         .1  •  •  1  i  *"/•        ^1  I  r   ^1  I  .  f.     At    private  or 

by  them  m  said  court,  for  the  sale  or  the  real  estate  of  puwicsaie. 

said  decedant  in  said  county,  to  sell  such  real  estate  at 

private,  instead  of  public  sale,  if  it  shall   be  proved  to 

the  satisfaction  of  the  court  that  the  parties  in  interest 

will  not  be  prejudiced  thereby  ;  but  the  proceedings  of  Action  roust  con- 

the  courL  on  snch  a[)pIication,  and  the  action  of,the  said  '^'"''°' 

representatives  of  said  estate,  must  conform  in  all  other 

respects  to  the  laws  now  in   force,  which  regulate  the 

proceedings  of  courts  of  probate  in  relation  to  the  sale 

of  hinds  of  intestates  in  such  cases,  it  being  the  inten- ^"°'**"*'°' 

tion  of  this  act  to  enlarge   the  powers  of  said  court  of 

probate  of  Pike  county,  so  far  only  as  to  authorise  it 

to  grant  the  present  rej>resentatives  of  said   estate  to 

sell  the  real  estate  thereof  at- private,  instead  of  public 

sale. 

Approved  November  10,  1862. 


1862.  172 

Ko.  165.]  AN  ACT 

To  aid  the  Executors  of  tlie  will  of  George  G.  Tank- 
ersly,  Sr.,  to  probate  the  same. 


Preamble. 


"Whereas,  Ben  B.  Little  and  Robert  Tankersly  liave 
propounded  for  probate,  in  the  probate  court  of  Sumter 
county,  an  instrument  in  writini;  purporting  to  be  the 
last  will  and  testament,  \yith  a  codicil  thereto,  ot  George 
G.  Tankersly,  sr.,  deceased,  late  of  said  county;  atid 
whereas,  Felix  Tankersly,  a  minor  heir  of  said  testator, 
who  is  over  tlie  age  of  fourteen,  to-wit:  nineteen  years 
of  age,  is  absent  in  the  army  in  the  State  of  Virginia, 
and  a  citation  cannot  be  personally  served  on  him  as  by 
lawrequiicd;  therefore, 

Sec.  1.  Be  it  enacted  l-y  the.Senate  and  House  of  Iiejyre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
eeieaC^"" ''"'  conveiicd^  That  upon  the  said  Ben  B.  Little  and  Robert 
Tankersly  filing  in  the  probate  court  of  Sumter  county 
the  written  waiver  of  personal  service  by  the  said  Felix 
Tankersly,  the  probate  judge  of  Sumter  county  may 
proceed  to  admit  tlie  same  to  probate  in  the  same  way, 
as  though  the  said  Felix  Tankersly  had  been  brought 
into  court  by  personal  service. 

Approved  November  7,  1862. 


Conditions  pre- 


No.  166.]  AN  ACT 

To  authorise  James  L.   Hibbler  and  S.  D.  Sessums  to 
administer  on  the  estate  of  W.  11.  Hibbler. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentntives  of  the  Slate  of  Alabama  in  General  Assembly 
convened,  That  the  probate  judge  of  Sumter  county  in 
this  state  be,  and  .he  is  hereby  authorised  and  required 
to  grant  letters  of  administration,  on  the  estate  of  Wil- 
liam II.  Kibbler,  to  James  L.  Hibbler  and  S.  D.  Ses- 
sums, or  either  of  them,  notwithstanding  the;y  are  non- 
residents, upon  giving  bond,  with  sufficient  securities, 
residents  in  this  state. 

Approved  December  9,  1862. 


173  1802. 

No.  167.]  AN  ACT 

To  autliorise  the  court  of  probate  of  Macon  county  to 
grant  letters  of  administration  ujjon  the  estate  of 
Martin  G.  Jackson,  hite  of  Tallapoosa  county. 

Section  1.  Be  il  enacted  bj  the  Se"ate  and  House  of  Bep- 
7'esen(aiices  of  the.  State  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  probate  of  Macon  county 
have  authority  to  take  jnrisfliction  of  the  administra- 
tion of  the  estate  of  Mjirtin  G.  Jackson,  deceased,  late 
of  the  county  of  Tallapoosa,  to  grant  letters  of  admin- 
istration thereon,  and  to  do  and  perform  all  thinirs  ne- 
cessary and  pro[)er,  to  cause  the  estate  of  said  deccdunt 
to  he  settled  and  distributed  in  accordance  with  the 
laws  of  this  state,  as  fully  and  efi'ectually  as  if  the  said 
decedant  had  been  a  resident  citizen  ot  the  said  county 
of  Macon,  at  the  time  of  his  death. 

Approved  Deceii. ber  f>,  1802. 


No.  1G8.]  AN  ACT 

In  relation  to  the  estate  of  Lewis  L.  Lan<rham. 

Sec.  1.  Be  il  enacted  bi/  the  Senate  and  House  of  Repre- 
senf.atives  of   the  State  of  A  la  bain  a  in   General  Assemble/    what  the  pro- 
convened.  That  the  iudjre  of  the  i)robate  court  of  Moi)ih^  ^''''    j"<^kc  oi 

1  1     1         •       1  1  11  Mot)ile  is  author' 

county  be,  and  lie  is  hereby  authorised  to  cause  true iz-;«i to uo. 
copies  to  be  made,  and  duly  certified,  of  all  the  acts 
and  doings  of  record  in  said  court  respecting  tlie  last 
will  and  testament  of  Lewis  L.  Langham,  deceased,  and 
and  the  administration  of  his  estate,  and  deliver  the 
same  to  Garland  Good  and  John  K.  ILiwthorn,  tlie  ex- 
ecutors, or  eitlier  of  them. 

Sec.  2.    Be  it   farther  enacted.  That  as  soon   as  the  „  , 
cxemplication  sliall  be  handed  over  to  the  judge  ot  (Jiecaton    ruii  ».i- 
proitate  court  of  Wilcox  county,  it  shall  be  lull  author- *'"*"''' 
ity  for  the  judge  of  the  iirol)afe  court  of  W'ilcox  to  pro- 
ceed with   the  business  of  said  estate,  in  all  matters  as 
if  the  will  of  said   Langham   had   been   proved  in  said 
county,  and  the  administration  of  said  estate   hud  ori- 
ginally commenced  there. 

Si:c.  3.  Be  it  further  tnactedy  That  the  said  executors 


1862.  174 

Executors  au- be,  and  are  hereby  authorised  to  remove  the  negroes 
raove^the  prop- and  all  the  property  of  said  Lewis  L.  Langham  from 
*'"'^-  Mobile  to  Wilcox  county. 

, ,  .  . .  ..        Sec.  4.  Be  it  further  enacted,  That  from  and  after  the 

Administration  ,.,.•'.  •      r. i      i    •       tit-i 

to  cease  in  Mo- said  exemplification  18  tiled  in  Wilcox  count}^  as  atore- 
said,  the  administration  shall   cease  and  determine  in 

Previso.  the  couuty  of  Mobile  :  Provided,  always,  that  all  expen- 

ses that  are  now,  or  may  be  due  in  the  probate  court  of 

Further  proviso.  Mobile,  be  paid  by  the  executors :  And  provided  further, 
that  before  this  act  shall  take  effect^  the  securities  of 
said  executors  shall  file  their  written  consent  to  the 
transfer  of  said  estate  from  the  county  of  Mobile  to  the 
county  of  Wilcox,  in  the  probate  court  of  each  of  said 
counties. 
Approved  December  2,  1862. 


No.  169.]  -   AN  ACT 

To  authorise  the  removal  of  the  estate  of  John  B.  Chris- 
tian, deceased,  from  the  county  of  Butler  to  the  coun- 
ty of  Wilcox. 

Section.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in   General  Assembly 
convened,  That  the  administration  of  John  B.  Christian, 
AdminiBiration  deccascd,  uovv  pendiiiiT  in  the  court  of  probate  of  But- 
ler  county,  be,  and  the  same  is  hereby  removed  from 
the  probate  court  of  Butler  county  to  the  probate  court 
of  Wilcox,  twid  the  said  court  of  probate  of  Wilcox 
is  hereby  invested  with  full  jurisdiction  and  author- 
ity over  said  estate,  and  may  make  all  orders  and  de- 
crees in  relation  to  the  administration  thereof,  as  if  said 
Bu°ier'^lrtfuns- letters  had   been  originally  granted  in   the  county  of 
fc.  Wilcox;  and  the  judge  of  the  said  probate  court  of 

Butler  is  hereby  authorised  and  required  to  transfer  to 
transfer  to  said  probate  court  of  Wilcox  county  all  the 
original  papers  on  file  in  his  office  relating  to  said  es- 
tate, together  with  copies  of  all  orders  and  decrees,  du- 
Proviso  as  to  ly  Certified  under  his  hand  and  seal:  Provided,  that  be- 
tLr^must'do.'^^'^*  fore  this  act  shall  take  effect,  the  administrator  of  said 
estate  shall  make  a  fall  settlement  of  his  administration 
in  the  probate  court  of  Butler  county,  and  shall  file  a 
new  bond  payable  to,  and  approved  by,  the  judge  of 


175  1862. 

probate  of  Wilcox  county,  in  such  sum  as  the  said  judge 
may  require  according  to  law,  as  in  other  cases  of  ad- 
ministration. 
Approved  December  1,  18G^. 


Kg.  170.]  A?^  ACT 

To  legalise  private  sjik-s  nindc  by  the  Administrator  of 
Alvin  Burrows,  deceased. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  'Souse  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  sale  by  Thomas  Williams  of  We- 
tumpka,  as  administrator  of  Alvin  Burrows,  deceased, 
of  machinery,  stock,  and  other  articles,  to  Hon.  John 
Gill  Shorter,  governor,  for  the  use  and  benefit  of  the 
state,  is  hereby  legalised,  as  fully  as  though  done  ac- 
cording to  law,  as  well  as  any  other  private  sale  by  said 
administrator  of  the  efiects  of  said  estate. 

Approved  November  21,  1862. 


No.  171.]  AN  ACT 

To  authorise  George  Goldthwaite  to  rent  or  lease  the 
real  e.-tate  of  his  ward  by  private  contract. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  George  Goldthwaite,  guardian  of  Ann 
Goldthwaite,  be  authorised  to  lease  or  rent  th •'  es- 
tate of  sa'd  ward  by  private  contract. 

Approved  November  21,  1862. 


1862.  176 

Ko.  172.]  AN  ACT 

To  authorize  the  Executors  of  N.  B.  Powell,  deceased, 
to  dispense  with  certain  returns  and  settlements  in 
the  Probate  Court. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Mejy 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
coiwened,  That  in  acconlance  with  the  will  of  N.  B. 
i'owell,*  deceased,  late  of  Mucon  county,  his  executors 
are  hereby  relieved  from  making  any  inventories,  re^ 
■  turns,  or  annual  settlements,  in  the  probate  court  of 
said  count}',  nor  shall  any  appraisement  of  said  estate 
be  required  by  said  court. 

Approved  November  25, 1862. 


No.  173.]  AN  ACT 

To  authorize  the  Confederate  States  to  purchase  and 
hold,  in  Alabama,  a  site- for  Rolling  Mills,  Foundry, 
&c.,  for  the  manufacture  of  Ordnance,  &c. 

Sec.  1.  Be  it  enacted  hythe  Senate  and  House  of  Bepre'' 
sentatives  of  the  State  of  Alabama  in  General  Assembly 

Authority  grant- CO??  fe?ie(/,  That   the   government   of   the     Confederate 

"^^^  States,  or  the  proper  department  thereof,  for  the  use  of 

said  Confederate  States,  or  the  Congress  tliereof,  shall 
have  permission,  and  lull  authority,  to  purchase,  on  the 
line  of  the  Alabama  and  Tennessee  River  Kail  Eoad, 

Location  limited  ,^11^1  j^^^|^|  within  this  State,  a  site  for  a  foundry,  rolling 
mills,  and  other  machinery,  for  the  fabrication  or  man- 
ufiicture  of  arms,  munitions,  heavy  ordnance,  and  other 

j)o^eJ  ^''**  ^"''articles  useful  in  war,  not  exceeding  one  mile  square  in 
territorial  extent,  and  exercise,  under  the  authority  of 
the  Congress  of  the   Confederate  States,  all  pn^per  ju- 

jurisdiction.  risdictiou  ovcr  the  said  one  mile  square,  not  inconsist- 
ent with  any  ordnance  which  may  hereafter  be  adopted 
by  nny  convention  of  the  people  of  this  State. 

Sec.  2.  Be  it  farther  enacted,  That  to  enable  the  Con- 

Anthority  as  to  federate  States  to  obtain   wood,   stone,  or  any  other 

*'*°^' *"'°*' *"■  material  necessary  to  the  buildings,  and  successfully 
carrying  on  the  mills  and  machinery,  established  on  the 
said  site  mentioned. in  the  first  section  of  this  act,  the 


177  1862. 

Confederate  States  shall  have  the  ri<rh,t  and  authority 
to  enter,  or  purchase,  any   of  the  public  hinds  of  this 
State,  and  to  purchase  from  individuals  or  corporations, 
lands  for  the  purposes  aforesaid. 
Approved  Koveniber  17,  1862* 


No.  174.]  AN  ACT 

To  amend  An  act  entitled  "  An  act  to  authorize  the 
Confederate  States  to  purchase  and  hold  in  Alabama 
a  site  for  Rolling  Mills,  Foundry,  &c.,  for  the  manu- 
facture of  Ordnance,  &c.,"  approved  Nov.  17,  1802. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Eep- 
resentatives  of  tl<e  Slate  of  Alabama  in  Gendral  Asscmhbj 
convened.  That  the  words  "on  the  line  of  the  Alahama 
and  Tennessee  River  Rail  Road,"  where  they  occur  in 
the  act  entitled  '  An  act  to  authorize  the  Confederate 
States  to  purchase  and  hold,  in  Alabama,  a  site  for  roll- 
ing milU,  foundry,  &c.,  approved  November  17,  18G2, 
be  and  the  same  are  hereby  stricken  out,  and  the  said 
act  is  hereby  so  amended  as  to  authorize  the  govern- 
ment of  the  Confederate  States  to  purchase  and  li^'<i  .J"/"''  p«'' 'f 
the  site  for  a  foundry,  &c.,  referred  to  in  the  said  act, 
in  atiy  part  of  this  State. 

Approved  November  20,  1862. 


No.  175.]  AN  ACT 

To  amend  An  act  to  require  the  Commissioner  of  Pub- 
lic Lands  to  issue  a  patent  to  Martha  Can-nil.  of 
Calhoun  county,  approved  December  9,  18G!. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  JTonse  of  lierre- 
scntatives  of  the  State  of  Afabama  iri  General  Assenddi/ 
convened,  That  the  said  act  be  so  amended  as  to  require 
the  commissioner  of  jtublic  lands  to  issue  a  patent  to 
Martha  CarroM  for  the  north-east  quarter  of  the  north-  ^ 
east  quarter  ot  section  three,  township  fourteen,  range  u  tr»pt. 
six,  in  Calhoun  county,  instead  of  the  north-west  quar- 

12 


1862.  178 

ter  of  the  north-east  quarter  of  said  section,  townsliip^ 
aud  range,  as  authorized  by  said  act. 
Approved  December  5,  1862. 


No.  176.]  AN  ACT 

To  repeal  in  part  An  act  approved  11th  day  of  Febru- 
ary, 1854,  constituting  Seabourn  "W.  ilarvili  and 
Samuel  B.  Harvill  liners,  &c. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  cf  Mep- 

resentatives  of  the  State  <■/  Alabama  in  General  Assembly 
convened.  That  so  much  of  said  act   as  relates  to  Sea- 
bourn  W.  Harvill  is  hereby  repealed. 
Approved  December  20,  1862. 


No.  177.]  AN  ACT 

For  the  relief  of  soldiers  in  the  service  of  the  Oohfec^- 
erate  St^ates. 

Sec.  1.  Be  H  enacted  by  the  Senate  and  House  of  JRepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
conve  ed,  That  hereafter  it  shall  be  the  duty  of  the  sev- 

«o«ifl'^V«^'"»-.^''6ral  solicitors  in  each  circuit,  to  enter  a  nol,2>ros  in  all 
cases,  where  any  person,  or  persons,  may  have  been  in- 
dicted for  a  misdemeanor  only,  and  such  person,  or 
persons,  are  soldiers  in  the  service  of  the  Confederate 
States,  or  when  such  person,  or  persons,  may  have  been 
honorably  discharged  therefrom  since   the  indictment 

PrtTiso.  -y^-as  found:  Frovided,  That  if  in  the  opinion  of  thepre- 

sidiiigjudge  the  public  good  requires  it,  no  such  fewtry 
shall  be  made. 
Approved  November  7,  1862. 


179  1862. 

No.  178.]  AN"  ACT 

.,For  the  relief  of  indigent  fiimilies  of  soldiers  in  Sum- 
ter and  Walker  oounties. 

'■  '  ^  t 

Sec,  1.  Be  if  enacted  by  the  Senate  and  House  of  Rep- 
*-rcs€ntotives  of  the  State  of  Alabama  in  General  Assemhhj 

convened^  That  the  court  of  county  coniniissionors  offhoHgfed"tTiK>"- 
.;['Suniter  count}'  be,  and  is  hereby  authorized  to  borro-w®* money, 
"a  sum  of  money,  not  exceeding  ten  thousand  dollars, 
and  to  appropriate  the  same  for  the  support  of  the  in- 
digent families  of  soldiers  in  said  county,  as  directed 
by  the  act  entitled  "An  act  to  previde  for  tlic  support  n®'''^''«*p»"^- 
of  the  indigent  families  of  soldiers  in  the  Confederate 
army  from  the  State  of  Ahibama." 

Sec.  2.  Be  it  further  enadedy  That  the  court  of  conn-  c„ni'r»  court  of 
tv  commissioners  of  Sumter  countv,  is  herebv  author- sumtcrtoicvya 

•lil  -1^  •  -1  '-  .  1-  special  lax. 

ized  to  levy  a  special  tax  m  said  county,  not  exceeding 
in  any  one  year  fifty  per  cent,  on  the  State  tax,  for  the 

,  purpose  of  repaying  any  sum  borrowed,  under  the  first 

ipBection  of  this  act. 

Sec.  3.  Be.  it   further  enacted.  That  similar  powers  similar pow.rsio 

i^jBi\u\  authority  granted  to,    and   vested   in  the  court  ofwllJkcr county." 

'  county  commissioners  of  Sumter   county,  are    hereby 

.granted  to  and  vested  in  the  court  of  county  coinmis- 

i'eioners  of  Walker  county. 

C      Anprovc.l  Xru-,.t.,l>.M-  28,  1862. 


ClaMScof 


No.  170.]  AN  ACT 

'For  the  relief  of  certain  officers  in  Sumter  county. 

Skc.  1.  Be  it  enacted  hy  the  Senate  and  Hojise  of  Rep- 
reseniativefi  of  the  Stoic  <f  Alabama,  in  General  Assembly  ^ 
courrned,  Thnt  tlie  27tli  chiuse  of  section  3047,  of  theaD7cudoi. 
Code  of  this  State,  l)e  in  d  the  same  i;^  hereby  umc^ndctl 
BO  a.s  to  read   two  hundred  jjollara.  instead  of  one  hun- 
dred and  fifty    doHars:     Proviifed  however^    Tiiat  this  Provign. 
nmendnient  of  said   section,  shall   only  apply   to    the 
county  of  Sumter. 

Skc.  2.  Be  «V/f/r//*rr  r./?'?r:rc//.  That  the  sheriff  of  Sum- Fhriffio'ppotn* 
ter  foniity  be,  and  he  is  hereby  authorized  to  ajtpoint  * '*'''''^' 
R  bailirt*  to  uttciiJ  on  tliechuncury  court  of  said  cotinty, 


1862.  180 

■  • 

and  tliat  such  bailift"  shnll   be  allowed  two  dollars  per 
day  wliile  in   attendance   on  said  court,  to  be  paiil  out 
of  the  treasury  of  said  county,  on  the  certificate  of  the 
register  of  said  court. 
Dntyofcoinmis-      Sec.  3.  BeAt  further  enocted,  That  it  shall  be  the  duty 
sJener'B court,    ^f  ^j,g  court  of  couu ty  coniniissioners  of  Sumtcr  couuty 
to  appropriate  out  of  the  treanurj'  of  Sumter  county, 
sech  sum  or  sums  as  shall  be   necessary  to  pay  for  fire 
wood  necessary  for  and  actually  furnished  to  the  ofKces 
of  the  probate  judge,  circuit  clerk,   register  and  sheriflF 
ot  said  county. 
ProvisTons  ex-      Sec.  4.    Be  U  further  eiiocled,  Tlrat  the  provisions  of 
^"i^co.lS.y!'*'"'  shall  apply  to  the  county  of  Chambers  also. 
Approved  November  8,  18G2. 


No.  180.]  AN  ACT 

For  the  relief  of  Orion   L.  JMiillips,   of  tbe  county  of 
Chan.bers. 

Section  1.  Be  it  evaded  by  the  Senate  and  House  of  Bep- 
resenta lives  of  the  State  of  A'abama  in  General  Assembly 
con.ened,  ThatOrioji  L.  ThiHips,  a  minor  of  the  county 
of  Chambers,  be  and  lie  is  hereby  authorized' to  man- 
age and  transact  all  business  connected  with  his  estate, 
ner'.'^uthoriw'd  and  that  all  contracts,  which  he  shall  make  after  the 
Vu3i^«^',Tc.'''''P'^»sage  of  this  act,  shall  be  as  legal  and  of  as  full  ef- 
fect as  though  he  were  twenty-one  years  of  age,  and 
be  IS  hereby  fully  authorized  to  settle  with  and  receive 
his  property  from  his  guardian,  and  also  with  the  guar- 
dian of  his  wile,  and  receive  the  property  coming  to 
Lis  wife,  as  fully  as  though  he  were  of  age.^ 
{^Approved  November  7,  1862. 


No.  181.]  AN  ACT 

For  the  relief  and  benefit  of  John  F.  Pagles,  of  Mobile. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convenedj  That  John  F.  Pagles,  of  Mobile,  a  minor,  be 


181  1862. 

and  he  is  hereby  authorized  to  miinago,  control,  rent 
and  hire  his  property,  consisting  of  real  and  personal 
estate,  in  the  city  of  Mobile  ;  to  make  contracts  and 
settlements;  to  sue  and  be  sued,  as  fully  in  every  re- 
spect as  he  could  do  were  he  of  age. 
Approved  November  7,  1862. 


Ko.  182.]  AN  ACT 

For  the  relief  of  J.  P.  Cantpoll,  of  Marion  county,  and 
for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Asseinbhj 
convened,  That  J.  C.  Metcalf,  administrator  of  the  os-  ^^y"^^^. 
tate  of  \V.  C,  M.  All  man,  deceased,  formerly  sheriff  of  ireiL 
Marion  county,  be  and  ho  is  hereby  authorized  to  pay 
the  sum  of  three  hundred  eighty-seven  and  80-100  dol- 
lars to  J.  P.  Cantrell,  administrator  on  the  estate  of 
E.  13.  Cody,  deceased. 

Sec.  2.  Be  it  farther  enacted^  That  the  judge  of  pro- judge  shaii  re- 
bate of  Marion  county  shall  receive  said  Cantrell's  re- ^^^n^reir''"  "' 
ceipt  as  a  proper  voucher,  on  settlement  of  said  estate 
from  J.  li.  Metcalf,  administrator  on  the  estate  of  \V. 
C.  M,  Allman,  deceased,  upon  proof  <liily  made  that 
the  judgment  provided  for  in  the  preceding  section,  has 
been  actuall}'^  made  as  therein  prescribed. 

Approved  November  21, 1862. 

ft 


No.  183.]  AN  ACT 

For  the  relief  of  Thos.  Williams,  administrator  on  the 
estate  of  Alvin  Burrows. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Ii<p- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
Convened^  That  the  comptroller  be,  and  he  is  hcrel)y  au- 
thorized to  draw  his  warrant  upon  the  treasurer  of  ^hc  j^^;j^P,'!;^^'*'^ 
State  of  Alubamn,  in  favor  of  Thomas  Williams,  ud- for  leoiia  »7 
rninistrator  of  Alvin  Burrows,  for  the  sum  of  six  thou- 
sand and  ninety-two  37-100  dollars,  and  that  when  said 


rant 


1862.  182 

Williams  produces  the  certificate  of  the  treasurer  that 
he  has  paid  into  the  treasniy  the  sum  of  six  thousand 
and  ninetj-two  37-100  dollars,  the  amount  due  from 
said  Burrows  to  the  State,  for  the  lease  of  the  peniten- 
tiary, then  the  comptroller  of  the  State  shall  deliver  to 
said  Williams,  all  the  bonds  executed  by  said  Burrows 
to  the  State,  as  lessee  of  the  penitentiary. 
Appro^'ed  November  14,  1862. 


No.  184.]  AN  ACT 

For  the  relief  of  Adele  Louise  DuBose,  of  Marengo 
county,  as  Administratrix  of  Isaiah  DuBose,  late  of 
said  county,  deceased. 

Sec.  1.  Be  it  enactnd  hy  the  Senate  and  H^use  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened^  That  Adele  Louise  DuBose,  as  administratrix 
of  Isaiah  DuBose,  late  of  Marengo  county,  deceased, 
ihorisecTtodo.  l>e  and  she  is  hereby  authorised  and  empowered  to  oc- 
cupy and  cultivate  the  lands  of  the  estate  of  her  said 
intestate  with  her  own,  and  to  work  and  use  jointly  with 
her  own  slaves,  horses,  mules  and  oxen,  and  other  prop- 
erty on  said  plantation,  the  slaves,  horses,  mules  and 
oxen,  and  other  property  of  said  estate,  so  long  as  said 
estate  sliall  be  kept  together,  under  the  order  of  the 
probate  court  of  said  county. 
What  she  is  en  ti-  Sec.  2.  Be  it  further  enacted,  That  said  Adele  Louise 
tied  to  receive.  [  uBose,  shall  be  entitled  to  receive  from  said  estate 
such  portion  of  the  proceeds  and  profits,  arising  from 
the  joint  cultivation  and  use  of  said  estate,  as  the  said 
judge  of  probate  may  consider  equitable,  and  on  any  set- 
tlement by  her,  as  administratrix  as  aforesaid,  the  said 
court  shall  .idlow  her  a  credit  for  the  portions  of  profits 
and  proceeds  allowed  as  aforesaid. 
Approved  November  17,  1862. 


What  she  is  au- 


183  S  1862. 

No.  185.]  AN  ACT 

For  the  relief  of  George  iSTcwman,  Guardian  of  James 
N.  Trawiek. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened^  Tliat  the  comptroller  of  public  accounts  be, 
and  he  is  hereby  authorised  and  required  to  draw  his 
warrant  on  the  treasurer,  to  be  paid  out  of  any  money 
not  otherwise  appropriated,  for  the  sura  of  twenty-nine  7raw™ii8WMM 
and  41-100  dollars,  in  favor  of  George  Newman,  gaar-io'"*29  4i 
dian  of  James  N.  Trawiek,  it  being  the  amount  erro- 
neously collected  of  the  said  George  Newman,  guardian 
as  aforesaid,  by  the  tax  collector  of  Henry  county  for 
the  year  18G2,  as  shown  by  tbe  assessment. 

Approved  December  1,  1862. 


to 
arrant 


^  No.  186.1  AN  ACT 

f 

r-Tor  the   relief  of  Sarah  C.  Reese,  Guardian  of  Alice 
*  C.  l\eese. 

ir. 

■  Sec.  1.  i?e  it  enacted  hy  the  Senate  and  IIouss  of  llep- 
esentatives  of  the  State  of  Alabam  in  General  Assembly 
conrencd,  That  the  court  of  probate  of  the  county  of 
Lowndes  be,  and  tbe  same  is  hereby  empowered,  upon 
the  application  of  Sarah  C.  Reese  (^f  said  county,  guar- wha  the  guar- 
dian ol  Alice  C.  Reese,  upon  a  satisfactory  showing  tofbori^^d'*!'/" 


bo  au- 


to do. 


the  said  court  that  it  will  conduce  to  the  interest  of  the 
said  ward,  to  grant  an  order  authorising  that  said  guar- 
dian, on  the  lands  owned  by  herself  and  ward  jointly 
and  e(pially,  to  employ  an  equal  number  of  hamis  with 
the  han<Js  of  her  ward,  and  for  such  time  as  it  will  be 
to  the  interest  of  said  ward,  and  that  in  her  annual  ac- 
counts, as  guardian,  with  the  said  court,  she  shall  charge 
herself  with  one  half  of  all  the  profits  accruing  from 
such  lands  so  worked  jointly,  and  credit  herself  with 
one  half  the  expenses  of  the  same  :  Provided,  before  ob-  Pro»i»o  a«  lo 
taining  such  order,  she  shall  lile  with  the  judge  of  pro- mkT*  *"^' 
bate  the  a.ssrnf.  in  writing,  of  the   securities   on    her 


1862.  I  184 

guardian  bond,  and  that  such  order  shall  in  no  way  im- 
pair their  obligations  thereon. 
Approved  December  5,  1862. 


No.  187.]  AN  ACT 

For  the  relief  of  Mary  and  Nancy  Jarvis,  of  Coosa 

county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  county  commissioners   of 
the  county  ot  Coosa  be,  and  they  are   hereby  author- 
^orileTto'cnn^ ^sed  to  coutract  with  Henry  II.  I'atridge,  for  the  keep- 
tract  for  their   jng  and  maintainance  of  Mary  Jarvis  and  Nanc}'  Jarvis, 
paupers  of  said  county,  at  a  price  not  exceeding  the  cost 
of  keeping  and  maintaining  said  paupers  in  the  poor 
house  of  said  county,  and  to  be  paid  out  of  the  poor 
iund  of  said  county,  as  in  case  of  other  paupers,  any 
law  to  the  cojitrarj^  notwithstanding. 
Approved  November  28,  1862, 


No.  188.]  AN  ACT 

For  the  relief  of  George  W.  Franklin  and  John  Tyler 
Franklin,  of  Coosa  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre-. 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  George  W.  Franklin  and  John  Tyler 
De«iaredciuzen8 Franklin,  of  the  couuty  of  Coosa,  bc  and  are  hereby 
declared  citizens  of  the  State  of  Alaoama,  and  are 
hereby  invested  with  all  the  rights  and  privileges,  im- 
munities and  franchises,  both  political  and  civil,  of  citi- 
zens of  the  State  of  Alabama. 

Approved  December  4,  1862. 


185         ',    .     ..      .  .  1862. 

No.  189.]  AN  ACT 

For  the  relief  of  Archibald  B.  Bell,  of  Calhoun  county. 

Sec.  1.  Be  it  enncied  hy  the  Senate  an^J  Bouse  of  Rep- 
resenfative  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  commissioner  of  puhlic  lands  be,  gugj"' " ''°  "*" 
and  he  is  hereby  authorised  to  issue  a  patent  to  Archi- 
bald B.  Boll,  of  Calhoun  county,  State  of  Alabama,  for 
the  west  half  of  the  southeast  quarter  of  section  num- 
ber twenty-two,  in  township  seventeen  of  range  seven, 
containing  eighty  and  33-100  acres. 

Approved  I^ovember  17,  1862. 


No.  190.]  AN  ACT 

For  the  relief  of  Archibald  G.  Campbell. 

Sec.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Ile}>- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
concened,  That  Archibald  iy.  Campbell  be,  and  he  is 
hereby  antiiorised  to  purchase  from  the  State  of  Ala- *jj*f*«jp"*>"  "*■ 
bama,  the  northwest  quarter  of  section  thirty,  (30,) 
township  eighteen,  (18,)  range  nineteen,  (19,)  in  the  dis- 
trict of  land  formerly  subject  to  sale  at  Cahaha  in  said 
state,  at  the  price  of  one  dollar  and  twenty-five  cents 
per  acre,  and  that  upon  Jiis  i)aying  into  the  proper  land 
cilice  of  said  state  the  said  purchase  money,  the  com- 
missioner of  public  lands  of  said  state  be,  and  he  is 
hereby  authorised  and  required  to  issue  to  said  Archi- 
bald G.  Campbell  a  patent  for  said  tract  of  land. 

Approved  Novemher  18,  1862. 


No.  191.]  AN  ACT 


For  the  relief  of  Louisa  Ann  and  William  W.  Davis. 

Whereas,  on  the  10th  day  of  June,   18o7,  a  bounty  Pr,ambi«. 
land  warrant   for  160  acres  was  issued  by  the  govern- 
meut  of  the  United  States  to  Louisa  Ann  Davis,  John 


1862.  186 

T.  Davis  and  William  W.  Davis,  minor  heirs  of  Dyer 
Davis;  And  whereas  the  said  John  T.  Davis  departed 
this  life  while  a  minor,  leavinij;  as  his  onl^'  legal  heirs 
the  said  Louisa  Ann  and  William  W.  Davis;  And 
whereas  the  said  William  W.  Davis  is  now  and  was  on 
the  11th  day  of  January,  1861,  a  citizen  of  the  State 
of  Georgia,  therefore 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rcpre- 
sentaikes  of  the  State  of  Alabama  in  G'neral  Assembly 
convened,  That  the  said  Louisa  Aun  Davis  and  William 
Power  to  local*  W.  Davis,  be  and  they  are  hereby  authorized  to  locate 
said  bounty  land  warrant  (No,  67104)  upon  any  of  the 
public  or  unappropriated  lands  of  this  State  subject  to 
entry  :  Provided,  That  said  land  warrant  shall  be  val- 
ued in  its  location  at  the  minimum  price  the  land  upon 
which  it  is  proposed  to  be  located,  is  subject  to  entry 
and  sale  at  the  time  the  same  is  oftered  for  location. 

Approved,  December  8,  1862. 


land  warrant. 


Proviso. 


No.  192.]  AN  ACT 

For  the  relief  of  James  Ileaden,  of  the  county  of  Tal- 
ladega. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  it  shall  be  the  duty  of  the  register  and 
Description  of  receiver  at  Centre,  Alabama,  to  perfect  the  location  of 
the  land.  north  half  of  the  southeast  quarter  and  south  half  of 

the  northeast  quarter  of  section  35,  township  16,  range 
five,  made  with  a  military  land  warrant  by  Zauhariah 
B.  Sims,  and  report  the  same  to  the  coinmi-ssioner  of 
the  general  land  office,  referring  to  this  act,  as  author- 
ity for  the  same. 

Sec.  2.  Be  it  farther  enacted,  Tliat  upon  the  said   re- 
Commissioner  to  turn  being  made  to  the  commissioner,  he  shall  cause  a 
ii»ie  patent.      patent  to  issuc  for  said   tract  to  the  said  Zachariah  B. 
Sims. 
Approved  November  8,  1862. 


Hi 

187  1862. 


No.  193.]  AN  ACT 

For  the  relief  of  Maluilda  Robbs. 

Wbereas,  Mabulda  Robbs  was  permitted  on  the  27th 
day  of  Ma;Vt,  1859,  at  tbo  hxiid  office  at  Centre,  to  enter 
the  northeast  quarter  of  section  19,  and  the  northwest  *°* 
quarter  of  section  20,  in  township  19,  of  range  6,  east, 
in  the  Coosa  hind  district;  And  whereas  said  entries 
were  suspended  by  the  proper  department  of  the  gov- 
ernment of  the  United  States,  in  consequence  of  the 
donation  of  the  quarter  section  first  described  above, 
to  the  Alabama  and  Tennessee  River  Raih-oad  Com- 
pain-,  which  fact  was  not  known  at  the  district  hiud  of- 
fice at  the  time  the  entries  were  made,  therefore 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Asseinbbj    ^ 

I     mi      .     ^i  i  i.'  ^1  »i  ..  ^  L'     Description  of 

coivenea,    lliat  the   entry  ot  the  northwest  quarter  or  land. 
said,  section  20,  in  township  19,  of  range  6,  east,  be  and 
the  same  is    hereby   confirmed,   and   that  tlie  commis- 
sioner ot  public  lands  be    instructed    to  issue  a  patent, 
for  the  same  to  the  said  Mahnlda  Robbs. 
Approved  December  9,  1862. 


No.  194.]  AN  ACT 

*  For  the   relief  of  tlie    Assessor  and  the  Collector  of 
Taxes  for  Madison  and  other  counties. 

Skc.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  tax  assessor  for  ^[adison  county  be  M"nT^y  of'l.n"- 
allowed  until  the  first  Monday  in  January,   1863,  for  "■y'l^^' 
making  and  returning  an  assessment  of  the  taxes  of 
said  county  for  the  year  1862. 

Sec.  2.    Be  it  further  enacted,  Tiiat  the  examination  corrcciionof  *» 

1  .•  x'l  i  ii  I'ii       KesgtBcDl    to    be 

and  correction  oi  such  assessment  must  be  made  m  thCm-Kie  on  the  2d 
manner  now  prescribed  by  law,  on  the  second  Monday  "^"^J^"''"'"''" 
in  January,  1863,  or  as  soon  thereafter  as  may  be  jirac- 
ticable  :   Provided^  that  before  any  tax   assessor  or  taxProrito. 
collector  shall  be  entitled   to  the  benefit  of  the  provi-  .Jfiffl**! 

sions  of  this  act,  the  written  assent  of  the  sureties  on  ^^^^' 

his  official    bond,  shall   be   acknowledged   before  the 


1 


1862.  188 

judge  of  probate  of  his  county,  and  filed  with  the  connp- 
trollcr  of  public  accounts. 
Tax  collector  ai-      Skc.  3.  Be  it  farther  enacted^  Tliat  the  tax  collector 
'dditlonar""'' (>f  ^^ai*l  county  be  allowed   five  months  in  addition  to 
the  time  now  allowed  by  law,  for  collecting  and  paying 
over  the  taxes  assessed  therein  for  the  year  3/862. 
Provisions  ex-        Sec.  4.    Be  it  further  enacted^  That  the  provisions 
tended.  ^^  ^j^j^^  ^^^  ^^  extended  to  the  tax  assessors  and  collec- 

tors of  the  counties  of  Limestone,  Franklin,  Marshall, 
Jackson  and  Morgan. 

Approved  November  19, 1862. 


No.  195.]  AN  ACT 

For  the  relief  of  the  securities  of  John  C.  Burgess,  late 
Tax. Collector  of  Coosa  county,  for  the  years  1845 
and  1846. 

/  Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 
•aresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  comptroller  be  and  he  is  hereby  au- 
^^araages  ''^'"i'- ^j^^jpiged  aud  required  to  remit  the  damages  on  a  judg- 
ment against  John  C.  Burgess,  tax  collector  of  Coosa 
county,  for  the  years  1845  and  1846,  upon  his  paying 
principal,  interest  and  cost,  within  sixty  days  after  the 
passage  of  this  act. 

Approved  December  4,  1862. 


No.  196.]  AN  ACT 

For  the  relief  of  Harrison  J.  Clark,  Jr.,  Tax  Collector 
of  Cherokee  county. 

Sec.  1.     Be  it  enacted  by  the  Senate  and  House  of  Bep- 

resentatices  of  the  State  of  Alabama  in  General  Assembly 

Time  eictended  cojivoncd,  That  Ilarrisou  J.  Clark,  Jr.,  "tax  collector   of 

for  making  ttt-     .  ,  ,  ,  i   i        •      i  i  n  i  -i     i 

iiement.  Cheiokec,  couiity,  be  and  he  is  hereby  allowed  until  the 

first  day  of  May,  1863,  to  make  his  settlement  as  such 

Consent  of  secu- tax  collcctor:  Frovldcd,  that  -before  this  act  shall  take 

ritie8tobefiied.y^-^^(.  ^^^  surctics  ou  the  otfioial  bond  of  the   said  tax 


189  1862. 

collector  shall  file  in  the  office  ot   the  comptroller  of 
public  accounts  their  written  assent  to  its  provisions. 
Approved  December  1,  1862. 


No.  197.]  AN  ACT 

For  the  relief  of  John  P.  Gates,  late  Tax  Collector  for 
Pickens  countv. 


^ 


Skc.  1.  Be  it  enacted  hj/  the  Senate  and  House  of  Rcpre- 
se^itntmcs  of  the  S  ate  of  Alabama  in  General  Assembly 
convened^  That  the  sum  of  eleven  hundred  and  seventy- 
six  58-100*donar3  be,  and  the  same  is  hereby  appropri- JiTfelS!*"*"**' 
ated  to  John  P.  Gates,  late  tax  collector  for  the  county 
of  Pickens,  it  being  the  amount  of  damages  recovered 
on  a  judgment  against  said  Gates  for  the  taxes  of  1860, 
and  by  him  paid  into  the  state  treasury;  and  that  the 
coraptroUer  of  public  accounts  issue  his  warrant  on  the 
state  treasurer  therefor,  to  he  paid  out  ot  any  money  in 
the  treasury  not  otherwise  appropriated. 

Ap[»roved  December  2,  1862. . 


No.  108.  AN  ACT 

For  the  relief  of  William  P.  Green,  Tax  Collector  for 
Conecuh  county. 

Sec.  1.  Be  it  evaded  by  the  Senate  and  House  of  JRenre- 
sentaiives  of  the  State  of  Alabama  in   General  Assembly 
convened^  That  William  P.  Green,  tax  collector  of  Cnnc-Timo  extended 
cuh  county^  be  and  he  is  hereby  aUowed  until  the  fii'st  ("j'^^^^'^;"'^  "*'■ 
day  of  May,  1863,  to  pay  into  the  state  treasury  any 
portion  of  the   taxes  assessed  against  persons   in   the 
military  service  of  the  Confederate  States,  or  of  this 
state,  which  he  may  not  be  able  to  collect  prior  to  that 
time:    Provided,  the   said    William    1^.  Green,   before  „    , 
claiming  the  Itenent  ot  X\\m>  act,  shall  lib.'  with  the  comp- 
troller of  .public  accounts  tlic  written   assent  of  his  se- 
curities to  the  extension  herein  allowed. 

Aj)proved  DecMvl-"-  6,  1862. 


1862. 


190 


No.  199.] 


AN  ACT 


For  the  relief  of  A.  A.  Grider,  and  others,  Tax  Collect- 
ors in  their  respective  counties. 

Skc.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 
resenlatke.s  of  the  State  of  Alabama  in  General  Assembly 
C07ivened,  That  A,  A.  Grider,  tax  collector  of  Jackson 
county,  shall  have  until  the  first  da}-  of  March,  1863,  to 
make  final  settlement  of  his  accounts  as  such  tax  col- 
lector, with  the  comptroller  of  public  accounts  :  Provi- 
ded, that  he  shall  first  obtain  the  written  consent  of  the 
securities  on  bis  otiicial  bond,  for  such  extension,  and 
file  the  same  in  the  ofiice  of  the  comptroller  of  public 
accounts,  before  this  act  shall  take  eft'ect.  '' 

Skc.  2.  JBe  it  further  enacted,  That  tlie  provisions  of 
tended  to  ethers,  this  act  are  hereby  extended  to  William  R.  Day,  tax 
collector  of  Madison  county;  Thomas  Hines,  tax 
collector  of  Limestone  county;  Thomas  M.  Phillips, 
tax  collector  of  Lauderdale  county;  F.  M.  Calloway, 
tax  collector  of  Alorgan  county;  John  Clack,  tax  col- 
lector ot  Marshall  county  ;  William  Hulsy,  tax  collector 
of  Walker  county;  J>.  Allman,  tax  collector  of  Law- 
rence county:  Provided,  that  the  said  several  tax  col- 
lectors above  named,  in  their  respective  counties,  shall 
obtain  the  written  consent  of  their  securities  on  their 
official  bonds,  for  such  extension,  and  file  the  same  in 
the  office  of  the  comptroller  of  public  accounts  before 
this  act  shall  take  effect. 

Approved  November  8, 1862. 


Time  tor  final 
settlement  ex- 
tended. 


Proviso. 


Provi'lons  ex- 


ProvlBo. 


Preamble. 


No.  200.] 


AN  ACT 


For  the  relief  of  Samuel  B.  Harmon,  Tax  Collector  of 
Macon  county. 

Whereas,  at  th«  November  term,  1861,  of  the  circuit 
court  of  iMontjjomer}  county,  William  J.  Greene,  comp- 
troller of  public  accounts  of  the  State  of  Alabama,  re- 
covered a  judgment  against,  Samuel  B.  Harmon,  tux 
collector  of  Macon  county,  for  the  sum  of  five  thousand 
one  hundred  and  thirty  dollars  and  eight  cents,  princi- 
pal ;  ulso;  the  further  sum  of  twelve  hundred  and  eighty- 


i 


191  1862. 

two  clolhii'3  raid  fifty-two  cents  damages,  and  the  further 
sum  of  interest;  and  whereas,  the 

said  Samuel  B.  Harmon  lias  paid  into  the  treasury  of 
the  state  ^he  full  amount  of  principal,  and  a  part  of  the 
interest  on  saiil  judgment. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Hep- 
resenfo.iives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  upon  the  payment,  hy  the  said  Samuel  1'^*^""'^"'  ''*'""' 
B.  Harmon,  of  the  interest  remaining  due  on  said  judg- 
ment, that  William  J.  Greene,  comi)troller  of  pul)lic 
accounts,  be  and  he  is  hereby'  authorised  to  enter  a 
remittitur  upon  said  judgment  for  the  damages  thereon, 
and  that  the  said  Samuel  B.  Harmon,  and  the  securities 
on  his  official  bond,  be  and  they  are  hereby  released 
from  the  payment  of  the  amount  of  damages  in  said 
judgment  spcciticd. 

Approved  November  21, 1862. 


No.  201.]  AN  ACT 

For  the  relief  of  Moses  Hornsby,  Tax  Collector  of  Tal- 
lapoosa county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly  AppropriaHon  «/ 
eonrencd,  That  the  sum  of  forty-one  18-100  dolhirs  be,  ^^^  i^- 
and  the  same  is  hereby  appropriated  to  Moses  Hornsby, 
tax  collector  of  TaHapoosa  county,  being  an  amount  of^*»y- 
error  in  the  abstract  of  the  tax  assessment  returned  to 
the  office  of  the  comptroller  ot  public  accounts,  and 
omitted  to  b(!  embraced  in  the  list  of  errors  allov\ed  by 
the  commissioner's  court  for  the  taxes  of  said  county 
for  the  year  1801,  and  by  sanl  tax  rolloctor  paid   in  the 
state  treasury  upon  the  settlement  of  the  taxes  for  that 
year;  and  that  the  comptroller  issue  hiM  warrant  there- 
for, to  be  paiil  out  of  any  moneys  in  tlie  treasury  not 
otherwise   ap[)ropriatcd :    Provided,   said   tax  c»)llect(r '"'■'"'''*'• 
shall   first  tile  in   the  comjitroller's  olfice  tiic  certificate 
of  tlie  jHobate  judge,  that  said  amount  was  notenibraced 
in  the  former  list  of  errors,  &c. 

Approved  December  6,  1802. 


1862.  192 

No.  202.]  AN  ACT 

For  the  relief  of  Burrell  Johnstou,  Tax  Collector  of 
Perry  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
ficntatkes  of  the  State  of  Aioliama  in  General  Assembly 
convtned,  That  the  comptroller  of  public  accol"!llt^t  be, 
and  he  is  hereby  required  to  make  settlement  with  Bur- 

tWst  of  errors  rell  JohustOll,  taX  CollcCtOr  of  Perry  county,  and  to  al- 
and insolvencies  ,  .  •  1   -T)  11    T     1  ..  J.  '  11        i         •       il 

to  be  allowed,  lowthc  Said  burrell  Johnston,  tax  collector  in  the  coun- 
ty of  Perry,  the  sum  of  seven  hundred  and  sixty-five 
dollars  and  four  cents,  being  the  amount  ot  errors  and 
insolvencies  allowed  bj-  the  commissioners'  court  of  said 
county  for  the  year  1861. 
Approved  Decen.ber  2,  1862. 


Preamble. 


No.  203.]  AN  ACT 

For  the  relief  of  James  Meharg,  late  Tax  Collector  of 
•Calhoun  county,  and  his  securities. 

Whereas,  W.  J.  Greene,  comptroller  of  the  State  of 
Alabama,  on  the  30tli  day  of  November,  1861,  obtained 
two  judgments,  one  for  eleven  nnndredand  ten  dollars 
and  seventy-three  cents,  and  theother  for  thirteen  thou- 
sand six  hundred  and  sixty-three  dollars  and  seventy- 
nine  cents,  in  the  circuit  court  of  Montgomery  county, 
against  Meharg,  late  tax  collector  of  Calhoun  connt}^ 
and  his  securities  J.  P.  Barley,  Noah  Goode,  Elisha 
McClelland,  E.  G.  Dickie,  lianiid  Crow  and  L.  D.  Var- 
non  ;  and  whereas  it  is  likely  that  said  securities  wnll 
have  to  pay  said  judgments,  therefore 

Section  I.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
rcsentd (ires  of  the  State  of  Alabayna  in  General  Assembly 
convened,  That  the  said  James  Meharg,  and  his  secu- 
rities, be  and  they  are  hereby  relieved  so  far  as  to  ex- 
tend the  collection  of  said  judgments  fortwelve  months 
from  the  passage  of  this  act,  upon  the  following  condi- 
tions hereinafter  mentioned. 
Conditions  pre-  Sec.  2.  Be  it  ftivther  cnacted,  That  before  the  said 
cedent.  Jamcs  Mcluirg  and  his  securities  shall  have  an  exten- 

ison  of  the  payments  of  said  judgments,  they  shall  en- 


How  far  relieved 


193  1^2. 

ter  into  bond  with  at  least  two  j>:oocl  securities,  to  be 
taken  and  approved  by  the  sheritt'  of  Calhoim  county 
in  double  the  amount  of  said  judgments,  conditiohed 
faithfully  aud^:)unctually  to  pa;^  and  fully  satisfy  said 
judgments,  and  all  costs,  interest,  damages,  and  all 
other  expenses  of  every  kind  connected  with  said  judg- 
ments in  twelve  months  after  the  passage  of  this  act-; 
and  in  the  event  said  judgment,  interest,  costs,  dama- 
ges, and  expenses  are  not  paid  in  twelve  months  after 
the  passage  of  this  act,  the  sheriff  of  Calhoun  county 
shall  return  said  bond  so  taken  as  aforesaid,  forfeited 
to  the  clerk  of  the  circuit  court  of  Montgomerj'^  count}^ 
and  said  bond  so  returned  forfeited  as  atoresaid,  shall 
have  the  force  and  effect  of  a  judgment  against  the  said 
James  Meharg  and  his  securities,  and  said  clerk  shall 
issue  an  execution  on  said  bonds  so  returned  forfeited, 
against  all  the  parties  to  it  for  the  full  amount  of  both 
judgments,  costs,  interest,  damages,  and  all  expenses 
of  every  kind  connected  therewith,  and  shall  endorse 
upon  the  execution  "no  further  bond  to  be  taken." 
Approved  December  1,  X8G2. 


No.  204.]  AN  ACT 

For  the  relief  of  Robert  S.  Rabb,  of  Conecuh  county. 

Sec.  1.  Be  it  enacted  b>/  (he  iS'enate  and  House  of  Rcpre 
seniativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  comptroller  of  public  accounts  be  to'^Se'repaii"^ 
and  he  is  hereby  authorized  to  draw  his  warrant  on  the 
state  treasurer  for  the  sum  of  one  hundred  and  twenty- 
live  dollars,  in  favor  of  Robert  S.  Rabb,  of  Conecuh 
county,  said  sum  being  excess  of  taxes  paid  by  said  Rob- 
ert S.  Raldj  into  the  state  treasury,  in  the  year  eighteen 
hundred  and  sixty-two  in  consequence  of  over  assess- 
ment. 

Approved  November"  20,  1862. 


13 


1862.  194 

Ko.  205.]  A]^  ACT 

For  the  relief  of   William  Walthall,  tax  collector  of 
W^cox  county.         % 

Sec.  1.  JBe  it  enacted  by  the  Senate  and  House  of  Repre- 
scniaiwes  of  the  State  of  Alabama  in  General  Assembly 
damages  ^"^^^^  convened,  That- the  comptroller  of  public  accounts  be 
and  he  is  hereby  authorized  to  remit  and  enter  satisfac- 
tion of  the  sum  of  four  hundred  and  thirty-seven  dol- 
lars and  sixty  cents,  being  the  amount  of  damages  on 
a  judgment  rendered  against  William  Walthall,  tax 
collector  of  Wilcox  county,  in  favor  of  the  said  comp- 
troller, for  the  use  of  the  State,  in  the  circuit  court  of 
Montgomery  county,  at  the  fall  term  tliereof,  1861,  for 
the  taxes  due  from  said  county  of  Wilcox,  for  the  year 
1861,  the  said  William  Walthall  and  his  sureties  being 
hereby  relieved  and  released  from  the  payment  of  said 
damages. 
Approved  November  14,  1862. 


Ko.  206.]  AKACT 

For  the  relief  William  R.  Mason,  Register  in  Chancery 
for  13th  District  Middle  Chancery  JDivision. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Itep^ 
resentaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  1  hat  the  commissioner  and  trustee   of  the 
State  Bank  and  branches,  be  and  he  is  hereby  autliar- 
Anri    trustee,     j^ed  and  required  to  pay  out  of  the  assets  of  said  bank 
and  t  rustle  to    to  Wm.  R.  MasoH,  pcgister  in    chancery   lor  the  Idth 
pay  hi  '"«8^6J6.^-jjg^j,j^^^^.^^ljg  ^.j^j^^cery  division,  the  sum  of  three  hun- 
dred and  seventy-six  dollars  and  fifteen  cents,  ($375.16) 
it  being  the  amount  of  costs  due  by  the  branch  banK 
at  Montgomery,  under  a  decree  of  the  chancery  court 
in  the  case  of  Nareissa  A.  Harris,  et  als.  vs.  Branch 
Bank  at  Montgomery,  et  als.  in  the  chancery  court  of 
Macon  county. 
Approved  November  28, 1862, 


195  1862. 

Ko.207.]  AK  ACT 

To  authorize  the  Governor  to  fix  the  compensation  of 
S.  S.  Houston  and  others,  for  services  rendered  the 
State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Reprc- 
eetdatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  governor  of  this  State  be  and  he  is 
hereby  authorized  to  settle  and  adjust  the  claims  of.  S.  Oovemor  to 
S.  Houston,  D.  P.  Forney,  iTrban  L.  Jones  and  James""  '^ '^ 
R.  Powell,  coranussioners  to  select  and  locate  certain 
swamp  and  overflowed  lands  donated  to  the  State  of 
Alabama  by  the  Congress  of  the  United  States  of 
America  by  the  acts  approved  on  "iStli  September,  1850, 
and  3d  March,  1857;  and  that  in  adjusting  the  claims 
of  said  parties,  the  actual  labor  performed  by  them,  and 
the  expense  to  which  they  were  subjected  in  their  ef- 
forts to  carry  out  the  provisions  of  their  said  agree- 
ment, shall  form  the  basis  of  adjustment  and  settle- 
ment: Frovidt'd,  howcoer.  that  no  settlement  made  un- „  . 
der  the  provisions  ot  this  act,  or  under  the  provisions 
of  an  ordinance  entitled  an  ordinance  to  authorize  and 
direct  the  governor  to  rescind  the  contract  therein  re- 
ferred to,  approved  March  20,  1861,  shall  be  binding 
upon  the  State  until  ratified  by  the  legislature. 

Approved  November  8,  1862. 


Ko.  208.J  AN  ACT 

For  the  relief  of  l)rs.  James  C.  Harris,  Thos.  W.  Ma- 
son and  M,  G.  Moore. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alnbama  in  General  Assend.^hj  „  .  „  .  ,^ 
cofit'cfiea,  Ihat  the  comptit^ller  or  public  accounts  i)e ''•rawhioTrr.rrf.nt 
and  he  is  hereby  required  to  draw  his  warrant  on  the 
treasurer  in  favor  of  Drs,  Jas.  C.  Harris,  Thos.  W.  Ma- 
son and  M,  G.  Moore  for  the  sum  of  one  hundred  dol- 
Uirs  due  them  for  the  examination  of  insane  prieonora 
in  the  penitentiary. 

Apprxjved  November  25,  1862. 


1862.  196 

In"o.  200.]  Al^  ACT 

To  compensate  Dr.  Merriwether  G.  Moore  for  serviceg 
as  Warden  of  the  Penitentiary  for  the  present  year. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep' 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
Allowance  per  ^,onre^eo(,  That  Dr.  Merriwether  G.  Moore,  for  his  ser- 
vices as  warden  of  the  State  penitentiary,  under  the 
appointment  pf  the  governor,  since  the  deatli  of  the 
lessee  to  the  present  time,  shall  have  and  receive  the 
sum  of  three  hundred  thirty-three  38-100  dollars  per 
month  for  such  services. 

Sec.  2.  JBe  it  farther  enacted,    That  the  comptroller 

be,  and  he  is  hereby  required  and  directed,  to  draw  his 

draw'h's^ar*'-  Warrant  on  the  State  treasurer,  for  the  said  amount  of 

"»'•  three  hundred  thirty-three  33-100  dollars  per  month,  in 

favor  of  the  said  Dr.  M.   G,   Moore,  to  be  paid  out  of 

any  money  in  the  treasury  not  otherwise  appropriated. 

Approved  December  5,  1862. 


Ko.  210.]  AK  ACT 

For  the  relief  of  11.  P.  Watson,  Adjutant  and  Inspec- 
tor General  Alabama  Militia. 

Section.  1.  J3e  it  enacted  by  the  Senate  and  House  of  Hep- 
resentatives  of  the  State  of  Alabama  in   General  Assembly 
Comptroller  to  convcued,  That  the  comj)troller  of  public  accounts  be, 
■^"'Tf '''«..7/'"  ii'id  he  is  hereby  authorised  and  required,  to  draw  his 
warrant  on  the  state  treasurer,  in  lavor  oi  11.  r.  Wat- 
son, Adjutant  and  Inspector  General  of  Alabama  Mili- 
tia, for  live  hundred  and  sixty-,eight  dollars,  for  services 
rendered  the  State  in  the  year  1862. 
Approved  December  9,  1862. 


H^o.  211.]  A'N  ACT 

For  the  relief  of  W.  B.  and  A.  R.  Bell  &  Co. 
Sec.  1.    JBe  it  enacted  by  the  Senate  and  House  of  Rep- 


J 


197  1862. 

resentattves  of  the  State  of  Alabama  in  General  Assemhbj  Four    huadred 
convened,  That  the  comptroller  of  public  accounts  be,  dollars a'nd^,et'! 
and  he  is  hereby  authorizeil  and  required,  to  draw  his  ^^jy-Jj^^^^^^,;"'* 
warrant  on  the  state  treasurer,  for  the  sum  of  four  hun- 
dred and  thirty-six  dollars  and  seventy-five  cents,  in 
favor  of  VV.  B.  and  A.  R.  Bell  &  Co.,  of  Montgomery, 
for  articles  purchased  of  them  for  the  use  of  the  capitol. 
Approved  December  9,  1862. 


No.  212.]  AN  ACT 

For  the  relief  of   B.  B.  Davis. 

Sec.  1.  Be  it  enacted  by  tne  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  comptroller  of  public  accounts  be  jjlP^^^^P""'" 
and  he  is 'hereby  authorized  and  required  to  draw  liis 
warrant  on  the  State  Treasurer  in  favor  of  Benjamin 
B.  Davis  for  the  sum  of  seventen  dollars  and  twenty- 
five  cents  for  stationery  furnished  the  house  of  repre- 
sentatives. 

Approved  November  3,  1862. 


No.  213.]  AN  ACT 

For  the  relief  of  M.  M.  Nail. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  comptroller  of  public  accounts  be  Appropriation  or 
and  he  is  hereby  authorized  and  required  to  draw  his***'^ 
warrant  on  the  treasurer  of  the  State  in  favor  of  ]\I. 
M.  Nail,  for  the  sum  of  six  dollars  and  fifty  cents,  to 
be  paid  out  of  any  nione^-s  in  the  treasury  not  other- 
wise appropriated. 

Approved  November  10,  1862. 


1862.  198 

No.  214.]  AN  ACT 

For  the  relief  of  White,  Pfister  &  Co. 

Sec.  1.  Beit  enacted  hy  the  Senate  and  House  of  JRep- 

.  .       resentatives  of  the  State  of  Alabama  in  General  Assemhly 

118635.""^"^"°  convened,  Tliat  tlie  comptroller  of  public  accounts  be 

and  he  is  hereby  authorized  and   required  to  draw  his 

warrant  on  the  treasurer  in   favor  of  White,  Pfister  & 

Co.,  for  the  sum  of  one  hundred  and  eighty-six  dollars 

and  thirty-five  cents,  for  stationery  furnished  the  State. 

Approved  December  5,  1862. 


AK  ACT* 

To  authorize  the  Commissioners'  Court  of  the  county 
of  Choctaw  to  make  certain  appropriations. 

Sec.  1.  Be  it  enacted  hy  the  l^enate'and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in   General  Assemhly 
convened,  That  the  commissioners'  court  of  the  county 
vayappiopriate  of  Choctaw  may,  and  is  hereby  empowered  to  appro- 
Sr°m\nd%nuip  priate  all  the  fund.'i,  now  in  the  treasury  of  said  county, 
volunteers,  &c.  -^yhich  havc  accrucd  from  fines  and  forfeitures,  or  as 
much  thereof  as  they  may  deem  necessary,  except  two 
thousand  dollars  for  the  purpose  of  aiding  in  uniform- 
ing and  equipping  the  volunteers  which  been,  or  may 
hereafter  be  enlisted,  for  service  in  the  Confederate 
army,  in  said  county,  and  also  for  furnishing  food  to  the 
families  of  such  volunteers,  as  may  be  in  indigent  cir- 
cumstances. 
Payment  county      ^^^-  ^-  Bc  U  further  cnactcd,  That  the  said  commis- 
<iebt.  ■  sinners'  court  may  appropriate  the  half  of  the  aforesaid 

two  thousand  doliars,  to  the  payment  of  the  now  ex- 
isting debt  of  said  county  of  Choctaw,  if  they  in  their 
discretion  deem  it  proper  to  do  so. 

Sec.  3.  Be  it  further  enacted,  That  said  commission- 
oount'^and  me"  ^rs'  court  shall  keep  a  regular  account  of  the  amounts 
vouchera.  go  paid  out,  and  file  all  the  vouchers  for  the  several 

amounts  in  their  court. 

Sec.  4.  Be  it  further  enacted,  That  the  treasurer  of 
ue™ 'unSer  said  county  of  Choctaw,  is  hereby  authorized  and  re- 
ihisact.  quired  to  pay  over  such  amounts  out  of  the  said  funds 


199  18fi2. 

as  the  commissioners'  court  may  order,  they  receiptini' 
to  him  for  the  same. 

Approved  December  3,  18G1. 

[*  This  act  was  accidentally  omitted  in  the  pamphlet  copies  of  tb.o  Acta 
of  the  year  1861. — Skcretarit  of  State.] 


JOINT  RESOLUTIONS. 


JOINT  RESOLUTIONS 

Upou  Kail  Road  Transportation  in  the  several  States  of  the  Con- 
federacy. 

"Whereas  the  rail  roads  in  the  several  States  of  our  Confederacy 
were  incorporated  and  built  with  reference  to  a  system  of  free  and 
rapid  intercourse  between  thfem,  designed  to  facilitate  the  busi- 
ness, as  well  as  personal  intercourse  of  their  citizens  :  And  whereas 
the  blockade  of  the  coasts  of  the  several  States,  and  the  obstruc- 
tion of  the  free  navigation  of  many  of  our  rivers  by  the  enemy, 
has  greatly  crippled  intercourse  between  the  people  of  our  States 
by  the  rivers,  and  have  thus  rendered  the  rail  road  system  of  more 
absolute  necessity  to  our  people :  And  whereas  portions  of  the 
country  have  been  blessed  with  a  sujDerabuudance  of  provisions, 
and  other  necessities  of  life,  while  in  others  there  is  much  scarcity, 
and  an  equalization  of  these  bread  necessities  can  only  be  made 
by  means  of  our  system  of  rail  road  transportation, 

£e  it  tJitrefore  resolved  hy  the  Senate  and  House  of  Representatives 
of  the  State  of  Alabama  in  General  Assembly  convened,  That  while 

•  the  government  of  the  Confedenate  States  is  justified  in  using  said 
rail  roads,  to  the  exclusion  of  all  private  transjjortation,  when  an 
immediate  military  necessity  demands,  such  use  and  exclusion,  yet 
in  the  opinion  of  this  general  assembly,  such  exclusive  military 
control  ofour  said  roads,Jshould  cease  with  the  termination  of  such 
necessity,  and  that  with  such  exception,  the  rail  roads  shoud  be 
kept  open  to  the  business  transportation  of  the  people  of  the 

.S5.veral  States.  , 

Be  it  further  resolved,  That  the  Governor  be  requested  to  corre 


201 


pond  witli  the  Secretary  of  War,  of  the  Confederate  States,  upon 
this  subject,  and  that  a  copy  of  these  resolutions  be  forwarded  by 
him  to  the  <^overnors  of  the  several  States  of  the  Confederacy. 
Approved  December  9,  1862. 


JOINT  RESOLUTIOKS 

In  relation  to  the  liability  of  Militia  officers  of  this  State  to  en- 
rollment under  the  Conscription  Acts  of  the  Confederate  States. 

Be  it  enacted  resolved  hy  the  Senate  and  House  of  Bepreseniaiives  of 
the  State  of  Alabama  in  General  Assembly  convened,  Tliat  in  the 
opinion  of  this  general  assembly,  militia  officers  of  this  State, 
between  the  ages  of  eighteen  and  torty-five  years,  are  now  subject 
to  enrollment  under  the  conscription  acts  of  the  Confederate 
States,  unless  exempt  on  some  other  ground  than  that  the}-  are 
militia  officers. 

2.  Be  it  resolved  further,  That  if  there  be  any  law  of  this  State 
which  has  been,  or  may  be  construed  to  exempt  such  officers  from 
the  operation  of  said  conscription  acts,  the  same  is  hereby  declared 
to  be  inoperative  to  that  extent. 

3.  Be  it  resolved  further.  That  his  Excellency  the  Governor  be^ 
and  he  is  hereby  requested  to  transmit  a  copy  of  these  resolutions 
to  the  Secretary  of  War  of  the  Confederate  States. 

Approved  November  25,  1862. 


JOINT  RESOLUTIONS 
In  relation  to  the  Defense  of  Mobile. 

Whereas  the  abolition  government  at  Washington,  has  been  for 
the  year  last  past,  and  is  now^  straining  every  nerve,  to  con.s(>Iidate 
its  naval  resources  for  the  destruction  of  the  sea-port  towns  of  the 
cotton  States,  the  consequent  invasion  of  the  homes  and  firesides 
of  the  interior,  and  the  savage  massacre  of  our  helj>less  women 
and  children  :  And  whereas  we,  the  representiativcs  ot  the  people 
of  Alabama,  inspired  by  the  noble  daring  and  the  gallant  and  suc- 
cessful defense  of  the  city  of  Vicksburg,  by  her  indomitable  citizen 
soldiery,  would  fain  hope  that  the  city  of  Mobile,  our  only  seaport, 
and  the  gem  of  the  gulf,  shall  never  be  desecrated  by  the  polluting 
tread  of  our  abolition  foes, 


202 

Be  it  therefore  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Alabama  in  General  Assembly  convened,  That  in  the  sol- 
emn judt^nient  of  this  general  assembly,  the  city  of  Mobile  should 
never  be  surrendered;  that  it  should  be  dofended  from  street  to 
street,  from  house  to  house,  and  inch  by  inch,  until,  if  taken,  the 
victor's  spoils  should  be  alone  a  heap  of  ashes. 

Resolved,  That  the  joint  committee  of  Finance,  the  Senate  con- 
curring, be  instructed  forthwith  to  report  a  bill  appropriating  such 
sum  of  money  as  may  be  sufficient  to  defray  the  expenses  for  the 
removal  and  maintenance  of  the  helpless  women  and  children  of 
the  city  of  Mobile,  to  a  place  of  safety. 

Resolved,  That  a  copy  of  these  resolutions  be  forwarded  by  the 
Governor  to  the  military  and  naval  commanders,  for  the  defense 
of  the  city  of  Mobile,  with  the  assurance  that  the  people  of  Ala- 
bama will  accept  any  calamity,  rather  than  suffer  her  soil  to  be 
again  polluted  by  the  tread  of  the  abolition  invaders. 

Approved  November  17,  1862. 


JOINT  RESOLUTION 

Requesting  the  Governor  to  give  information  in  relation  to  debts 
due  the  State  Bank  and  Branches. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Alabama  in  General  Assembly  convened,  That  the  Governor 
be,  and  he  is  hereby  authorized  and  requested  to  lay  before  the 
next  general  assembly,  during  the  first  week  of  the  same,  a  list  of 
all  the  assets  of  every  kind,  including  mortgages  and  deeds  of 
trust,  on  real  estate,  j^etdue  and  held  by  the  State  Bank  and  its 
Branches,  and  further  to  state  in  said  list  the  county  in  which  said 
debts  exist,  and  the  location  of  the  lands,  &c. 

Approved  November  21,  1862. 


JOINT  RESOLUTIONS 

In  relation  to  the  war  debt  of  the  Confederate  States. 

"Whereas,  the  government  of  the  Confederate  States  is  involved 
in  a  war  for  the  independence  of  each  of  the  States  of  the  Con- 
federacy, as  well  as  for  its  own  existence;  and  whereas  the  des- 
tiny of  each  State  of  the  Confederacy  is  indissolubly  connected 


203 

with  that  of  the  Confederate  government;  and  whereas  the  Con- 
federate government  cannot  successfully  prosecute  the  war  to  a 
speedy  and  honorable  peace  without  ample  means  and  credit,  be  it 
therefore 

Reeolved  by  the  Senate  and  House  of  Bepresentatwes  of  the  State  of 
Alabamain  General  Assembbf  convened,  That  in  the  opinion  of  this 
generally  assembly  it  is  thedut^^of  each  State  of  the  Confederacy, 
for  the  purpose  of  sustaining  the  credit  of  the  Confederate  gov- 
ernment, to  guarantee  the  debt  of  that  government,  in  proportion 
to  its  representation  in  the  congress  of  that  government. 

Bcsolccd  further.  That  the  State  of  Alabama  hereby  proposes 
to  her  sister  States  of  the  Confederacy  to  guarantee  said  debt  on 
said  basis:  Provided,  that  each  of  said  States  shall  accept  the  prop- 
osition and  adopt  suitable  legislation  to  carry  it  into  effect,  iu 
which  event  these  resolutions  shall  stand  as  the  guaranty  of  this 
State  for  the  aforesaid  proportion  of  the  debt  of  said  Confederate 
government. 

Hesokcd  further,  That  his  excellency,  the  governor,  be  and  he 
is  hereby  requested  to  transmit  a  copy  of  these  resolutions  to  the 
governor  of  each  State  of  the  Confederacy,  and  to  the  President 
of  the  Confederate  States. 

Approved  December  1,  1862. 


JOINT  RESOLUTIONS 

Approving  the  payment  of  the  Confederate  War  Tax  by  the  Gov- 
ernor. 

Be  it  resolved  b)/  the  Senate  and  House  of  Representatives  of  the  State 
of  Alabama  in  General  Assembly  convened,  That  the  payment  by 
the  governor  into  the  treasury  of  the  Confederate  States  of  the 
sum  of  two  million  of  dollars,  as  the  quota  to  be  assessed  upon 
certain  property  of  the  citizens  of  this  State  in  the  year  \><Q\.  and 
payable  in  1862,  subject  to  future  adjustment,  nnd  the  borrowing 
the  amount  of  money  necessary  to  pay  the  sum  upon  the  8  per 
cent,  treasury  bonds  of  this  State,  be  and  the  same  is  hereby  ap- 
proved and  confirmed,  as  though  the  same  had  been  done  when 
and  after  the  amount  of  said  tax  had  been  ascertained  in  the  mode 
prescribed  by  Congress,  and  the  ten  per  cent,  had  previously  been 
deducted  therefrom.  * 

Approved  December  8,  1802. 


204 

JOINT  RESOLUTIOIsrS 

Of  thanks  to  the  Ladies  of  Alabama. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Alabama  in  General  Assembly  convened,  That  the  general 
assembly  profoundly  and  gratefully  impressed  with  the  sense  of 
the  patriotic  spirit,  the  ardent  devotion,  and  the  unremitting  la- 
bors and  sacrifices  of  the  mothers,  wives,  sisters  and  daughters  of 
the  State,  in  providing  for  the  comfort  and  wants  of  our  gallant 
citizen  soldiers,  and  by  their  smiles  and  tokens  of  approval,  ener- 
gising and  perpetuating  the  ."morale"  of  the  host  of  our  veteran 
defenders  in  the  war,  do  hereby  tender  to  them  their  own  and  the 
heartfelt  thanks  of  the  whole  people  of  the  State  of  Alabama. 

Approved  December  1,  1862. 


JOINT   RESOLUTIONS 

In  relation  to  the  Alabama  Volunteers. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Alabama  in  General  Assembly  convened,  1st,  that  the  thanks 
of  this  general  assemblj^  and  through  them  the  people  of  the  State 
are  hereby  tendered  to  the  Alabama  soldiers,  officers  and  privates 
in  the  Confederate  army,  for  the  heroic  courage  and  valor  dis- 
played by  them  on  every  field  of  strife  in  which  they  have  been 
engaged. 

2.  That  this  general  assembly  begs  most  sincerely  to  mingle  its 
sympathy  with  the  relatives  and  friends  of  those  who  have  fallen 
in  the  service  of  their  country,  whether  in  battle  or  from  disease, 
and  that  the  executive  authority  be  requested  to  collect  the  names 
of  all  such  and  have  them  transcribed  in  a  suitable  record  book, 
designating  the  corps  to  which  they  belonged,  their  rank  in  the 
service,  and  cause  of  death,  to  be  preserved  among  the  archives  of 
the  State  as  a  token  of  respect  to  their  memories. 

3.  That  the  wives  of  those  who  have  been  made  widows,  and 
children  orphans,  by  the  fall  of  their  husbands  and  fothers  in  de- 
fending their  country  against  the  invasion  of  a  cruel  and  relent- 
less enemy,  Sive  pre-eminently  entitled  to  the  kindest  consideration, 
and  it  is  the  solemn  duty  of  the  State  to  make  provision  for  the 
support  of  all  those  who  gre  in  indigent  circumstances. 

4.  That  a  copy  of  these  resolutions  be  transmitted  to  the  com- 
manding officer  of  the  Alabama   regiments  and  battalions,  with 


205 

the  request  that  they  be  communicated  to  their  respective  com- 
mands. 
Approved  November  5, 1862. 


JOINT  RESOLUTIONS 

In, relation  to  the  pa3'nient  of  the  first  instalment  of  the  fund  ap- 
propriated for  the  support  of  indigent  families,  under  the  act 
'      approved  November  the  12th,  1862,  to  certain  counties  therein 
named. 

Be  it  resolved  hy  the  Senate  and  House  of  Bepresentatities  of  the 
State  of  Alabama  in  General  Assembly  convened.  That  R.  M.  Patton, 
K.  W.  Walker,  or  either  of  them,  be,  and  are  hereby  authorised  to 
receive  from  the  state  treasury  the  amount  of  the  first  instalment 
which  may  be  apportioned  to  the  county  of  Lauderdale  from  the 
appropriation  of  the  two  millions  of  dollars,  made  -by  an  act  enti- 
tled "an  act  to  provide  for  the  support  of  the  families  of  indigent 
soldiers  in  the  army  of  the  Confederate  States  from  the  State  of 
Alabama." 

Be  it  farther  resolved,  That  William  M.  Jackson  be,  and  he  is 
hereby  authorised  to  receive  the  amount  of  said  first  instalment 
that  may  be  apportioned  to  the  county  of  Franklin;  that  J.  B. 
Latham  and  J.  B.  Tally,  or  either  of  them,  be  and  are  hereby  au- 
thorised to  receive  the  amount  of  said  first  instalment  tliat  may  be 
apportioned  to  the  county  of  Jackson  ;  that  F.  W.  Sykes  be  and 
he  is  hereby  authorised  to  receive  tlic  amount  of  said  first  instal- 
ment that  maybe  apportioned  to  the  county  of  Lawrence ;  that 
Thomas  J.  McClellan  and  J.  P.  Coman,  or  either  of  them,  be  and 
are  hereby  authorised  to  receive  the  amount  of  said  first  instal- 
ment that  may  be  apportioned  to  the  county  of  Liijiestone;  that 
F.  L.  Iliunmond,  S.  1).  Cal)anis8,  and  Canada  Butler,  or  either  of 
them,  be  hereby  authorised  to  receive  the  amount  of  said  first  in- 
stalment which  may  be  apportioned  to  the  county  of  Madison  ;  that 
J.  C.  Orr  be,  and  he  is  hereby  authorised  to  receive  the  amount  of 
said  first  instalment  that  may  be  apportioned  to  the  county  of 
Morgan;  that  W.  M.  Gritfin  be,  and  he  i^  hereby  authorised  to 
receive  the  amount  of  said  first  instalment  that  may  be  apportioned 
to  the  county  of  Marshall  ;  which  several  itistaiments  shall  be 
paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

Be  it  further  resolved.  That  each  and  every  party  herein  named 
shall,  upon  payment  of  the  amount  by  them  received  under  the 
provisions  of  these  resolutions,  to  the  judges  of  their  respective 


206 

bounties,  take  receipts  from  tlie  said  jiidojes  for  the  several  sumg 
paid  ;  which  receipts  shall  be  taken  in  duplicate,  one  copy  of  wliich 
shall  be  at  once  sent  to  the  comptroller  of  the  state^  (and  the  other 
fetained  in  case  of  miscarriage;)  to  be  tiled  as  Vouchers  for  the 
payment  of  the  instalments  due  the  several  counties. 

Be  il  farther  resolved^  That  if  in  any  case  a  new  bond  or  increased 
security  is  required  of  any  probate  judge,  no  payment  shall  be 
made  to  such  judge  until  slich  new  bond  or  increased  security  ifl 
given  as  required. 

Approved  iJ^ovember  14,  180^2* 


JOINT  RESOLUTION 

To  authorise  H.  C.  McCall  to  draw  the  p*er  dielli  of  K.  L.  Brooks, 
a  member  of  this  House. 

Be  it  resolved  by  the  Senate  and  Jloilse  of  Piepreseniatives  of  /Ae 
Btatc  of  Alabama  in  General  Assembly  convened,  That  N.  L.  Brooks, 
a  member  of  the  house  of  representatives  of  this  state,  who  is  ab* 
Bent  from  his  seat  by  illness,  be  atid  he  is  hereby  authorised  to  re' 
ceive  compensation  for  the  time  he  served  ;  and  that  H.  C.  McCall, 
of  Lowndes  county,  be  authoris'ed  to  receive  the  compensation  aU' 
thorised  by  this  resolution,  and  liis  receipt  shall  be  a  good  voucher 
for  such  payment. 

Approved  December  6,  1862i 


JOINT  RESOLUTIONS 

For  the  relief  of  James  A.  M.  Thompson,  of  ChoctaW  coUnt^N 

Whereas,  James  A.  M.  Thonipsoh,  of  Choctaw  county,  a  mem* 
ber  of  the  house  of  representatives  of  this  state,  has  been  absent 
from  his  seat  since  the  tWcnty-tirst  inst.>  with  leave  of  this  house, 
on  account  of  bad  health, 

JBe  it  therefore  resolved  by  the  Senate  and  Mouse  of  liepresentadves  ^ 
(?f  the  State  of  Alabama  in  G-eneral  Assembly  convened,  That  James 
A.  M.  Thompson,  a  member  of  the  house  of  representatives  of 
this  state,  be  and  he  is  hereby  authorised  to  receive  his  compensa* 
lion  for  the  time  that  he  was  present. 

ic  it  fartkr  resolved^  That  John  T,  ^ov^ter,  of  Choctaw  county, 


.207 

bo  authorised  to  receive  the  coinpcnsation  authorised  by  these  res- 
olutions to  be  paid  to  the  mtfniher  iiientioned  in  the  foregoing 
resolutions,  and  liis  receipt  therefor  shall  be  a  voxicher  for  such 
pa3-nient. 
Approved  Decetuber  2,  1862. 


OFFICE  OF  SECRETARY  OF  STATE,  \ 

Montgomery,  Alabama,  February  12,  1863.  j 
1  hereby  certify  that  the  forc,2:oing  Acts  and  Joint  Resolutions 
nrc  correct  copies,  from  the  origin.'il  rolls  deposited  in  this  office. 

t*.  H.  BRITTAN, 

Sccnlary  of  State. 


T^BLE 

OJ^THli  RATES  OP  INlEHEST  IN  THE  SOUTnERN  AND  CONFEDERATE  STATES 

Cor/qjiled  in  pursuance  of  an  act  approved  February  18,  1848. 

Maryland 6  per  cent.jSoutli  Carolina .6  per  cent. 

Korth  Carolina 6     "      "     |Kentiicky 6 

Tennessee... i....Q     "      " 

Alabama 8     "      " 

Virginia 6     "     " 


Georoia.'. .....8     "      " 

Florida 8     "      " 


Arkansas — Legal  interest,  6  per  cent.;  conventional  interest  10 
per  cent. 

Texas — Legal  interest,  8  per  cent.;  conventional  Interest  12  ger 
cent. 

J//s50».«':— Legal  interest,  6  per  cent.;  conventional  interest  10 
per  cent. 

3f.ississipin — Legal  interest,  8  per  cent.;  on  lent  money,  10  per 
cent. 

Louisiana — Legal  interest,  5  per  cent.;  bank  interest,  6  per 
cent.;  conventional  interest,  10  per  cent. 


OFFICE  OF  SECRETARY  OF  STATE, 

Montgomery,  Alabama,  February  12,  1863. 

Certified  to  be  correct. 

P.  H.  BRITTAN,. 

Secretary  of  State. 


4** 


INDEX. 


ADMINISTRATORS,  EXECUTORS,  &C.— 

Act  to  authorij^c  Executors,  Administrators,  <TUiU'clian3,  and  Trustees  to 

provide  Salt  for  their  trust  ostatcs , 78 

Act  to  amend  an  act,  approved  Nov.  9,  1861,  to  autbori/.e  Executors,  Ad- 
min strators,  Guardians,  and  Truatces,  to  make  loans  to  the  Confederate 
States,  &c 79 

Act   to  authorize  Executors,  Administrators,  Guardians,  and  Trustees,  to 

remove  slaves  to  a  place  of  safety  in  case  of  invasion  79 

Act  to  autliorige  Executors  and  Administrators  to  administer  oaths  in  cer- 
tain cases • 80 

ALIKN  ENEMIES— 

Act  to  repeal  in  part  ''An  act  in  relation  to  debts  due  alien  enemies,"  ap- 
proved Dec.  10,  1861. 69 

APPROPRIATIONS— 

Act  to  make  appropriations  for  the  fiscal  year  ending  on  the  30th  Septem- 
ber, 186;^    21 

Act  to  pay  the  members  and  officers  of  the  present  General  Assembly. . . .  21 

Act  making  appr  priations  for  the  military  deferisc  of  Alabama 24 

Act  to  piovidc  for  the  support  of  the   indigent  families  of  soldiers  in  the 

army  of  the  Confederate  States,  from  Alabama 20 

Act  to  amend  an  act   to  authoriee    the  issuance  of  Treasury  Note  change 

bills. Zo 

Act  to  place  at  the  disposal  of  the  Governor  an  additional  sum  to  carry 
into  effect  the   act  to  authorize   the  issuance  of  Treasury  Note  change 

liills '. .  36 

Act  to  provide  for  the  public  safety ^ 87 

Act  for  the  defense  of  the  Northern  part  of  the  State 42 

Act  to  prohibit  the  distillation  of  grain  in  the  State  of  Alabama,  kc 43 

Act  to  prevent  the  introduction  and  spread  of    .'■mall  pox  in  the  .State  of 

Alabama 40 

Act  to  provide  Spinning,  or  Cotton  and  Wool  cards 49 

^''  '"  ■  "  '   '"  thi'  people  of  Alabama  to   procure  necessary  supplies  of  salt 

le  prices,  and  for  other  purpo-'? OC 

Ai  I'rn-fit  of  the   hospitals  established  in   Richmond  for  sick  »nd 

wound-  «1  !«oldiers  from  Aiabaniii,  &c - . . . .  62 

Act  to  pay  for  ihf  hire  of  pervantH  for  the  Oenernl  Assembly  durin;.'  the 

extra  and  i  • 85 

Act  to  provi:  ry  of    load  in   Alabama P''. 

Act  to  provi.i.-  lui  III.'  .j.-i.-n^e  of  Mobile J<.J 

Act  to  provide  means  for  arresting  tbo  spread  of  Small  Pox  in  Tallapoosa 

county ir,7 

14 


210 

AUTAUGA  COUNTY—  -^     ;. 

Act  giving  Probate  court  jurisdiction  of  the  estate  of  Thomas  C.   Daniel. .         150 
Act  authorizing-  llie  Commissioners'   Court  to  levy  a  special  tax  for   the 

support  of  families  of  soldiers ' , .;.         150 

Act  changing  the  boundary  line  between  Bibb  and  Autauga  counties,  so 
far  as  to  include  the  dwelling  houses  of  S.  H.  and  T,  L.  Faulkner  in  the 
county  of  Autauga 151 

BANKS— 

Act  to  increase  the  corporate  privileges  of  the  Banks  and  Insurance  Com- 
panies of  the  State  of  Alabama 103 

Act  to  establish  a  Bank  at  Opelika,  to  be  called  the  Exchange  Bank  of 
Alabama 105 

BARBOUR  COUNTY— 

Act  legalizing  the  action  of  the  court  of  County  Commissioners  in  levying 
a  special  tax 158 

BIBB  COUNTY— 

Act  changing  the  line  between  Bibb  and  Autauga  counties,  so  far  as  to  in- 
clude \,he  dwelling  houses  of  S.  H.  and  T.  L.. Faulkner  in  the  county  of 
Autauga 151 

BRIDGES— 

Act  to  establish  a  bridge  across  the  Choctawhatchie  river,  in  Coffee  county,        151 
Act  to  amend  the  law  in  relation  to  public  bridges  in  Sumter  county. . .    .         167 

BOUNDARIES— 

Act  changing  the  line  between  Bibb  and  Autauga  counties,  so  far  as  to  io- 
clude  the  dwelliug  houses  of  S.  H.  and  T.  L.  Faulkner  in  the  county  of 

Autauga  151 

Act.  changing  the  line  of  the  counties  of  Butler  and  Conecuh 151 

Act  changing  the  line  of  Jefferson  and  Shelby  counties ,    166 

Act  changing  tlie  line  between  Montgomery  and  Pike  counties 164 

BUSINESS— 

Act  to  require  all  persons  to  do  business  in  their  own  names 50 

BUTLER  COUNTY— 

Act  to  change  the  boundary  line  of  Butler  and  Conecuh  counties 151 

Act  giving  the  Probate  Judge  jurisdiction   of  the  estate  of  Benjamin   W. 

Campbell,  late  of  Pike  county 169 

Act  removing  the  estate  of  John  B.  Christian  to  Wilcox  county 174 

CARDS— 

Act  to  provide  Spinning,  or  Cotton  and  Wool  cards 49 

Act  supplementary  to  same 49 

CHANGE  BILLS— 

Act  to  prevent  the  circulation  of  change  bills 50 

Also — See  Treasury  Notes 

CHAMBERS  COUNTY— 

Act  for  the  relief  of  certain  officers ...-.., 179 

CRIMINAL  LAW— 

Act  to  prevent  extortion 18 

Act  to  provide  for  the  support  of  the  indigent  families  of  soldiers  (penalty 

in  case  of  embezzlement  on  the  part  of  probate  judges) 26 

Act  to  authorize  the  issue  and  sale  of  State  Bonds  (penalty  for  forging). .  30 


211 

^ftnilNAt  t  ^^— T!0STINCEI\ 

Act  to  amend  an  act  to  authorize  the  i8euance<xf  Treasnry  Note-change 

bills  by  the  State  of  Alabama 34 

Act  to  prevent  the  distillation  of  grain 4^ 

Act  to  regulate  the  sale  and  exportation  of  corn 44 

Act  to  prevent  the  circulation  of  change  bilh 50 

Act  to  prevent  salt  manufactured  by  any  of  the  lepsees  of  the  public  salt 

lands  of  this  State  from  being  sold  to  non-residents  of  this  Stat«. . , 61 

Act  to  prevent  false  representations  as  to  Government  agencies 65 

Act  to  provide  for  the  taking  of  testimony  upon  interrogatories  in  certain 

criminal  cases % '70 

Act  iu  relation  to  homicide  committed  by  convicts  in  the  penitentiary  for 

life 95 

Act  to  amend  section  1203  of  the  Code lol 

Act  to  am«nd  section  3130  of  the  Code 1  OS 

-CODE  OF  ALABAMA— 

Act  to  amend  chapter  1,  title'  13,  part  the  1st  (extending  the  power  to  es- 
tablish hospitals  for  persons  infected  with-rontagious  discaaep) 98 

Act  to  suspend  sections  40  and  41  (unfinished   bubJnes.s  of  the  General  As- 

seuibly>  as  to  the  called  session  of  1S62 98 

Section  88  amended  (increases  the  prices  for  certain  public  printing) 99 

Section  165  amended '. 99 

Section  396  amended 99 

Section  664  amended 100 

Sectioa  499(compensatioa  of  County  Commissiouers)  amended  as  to  Maoon., 

Barbour  and  Shelby  counties 100 

Section  1140  (relating  to  the  ages  of  persons  exempted  from  working  pub- 
lic roads)  amended  as  to  Covington,  Coffee  aikl  Walker  counties iO<> 

Section  1203  amended   (fixing  penally  for  contractor  suffering  bridge  or 

cftoseway  to  remain  out  of  repair) 101 

Fifth  division  of  section  1551  repealed 102- 

Subdivision  four  of  section  23lfi,  relating  to  the  ppecuring  of  tcstimooy  by 

ilcpoMtion,  amended 103 

Section  314S  amended  (provisions  eitcnded) 102 

Section  3160  amended  (relating  to  penalty  for  buying  stolen  property). . . .         101  . 
Section  40O3  amended  (authorizing  jailors  to  qualify  to  their  accounis  before 

Probate  Judges). 10  3 

OOf  FEE  COUNTY— 

Section  1 140  of  thw  Code  amended  ss  to  CofToc  county 100 

Act  to  establish  a  bridge  across  the  Choctawhatchie  rivcr  in  Coffee'county,  161 

Act  giving  the  Probate  Jud^e  jjirisdiction  *?f  the  estate  of  John  J.  All.sa- 

brooks,  late  of  Coviugtou  county 169 

CHOCTAW  COUNTY— 

Act  changing  the  time  of  holding  the  chancery  court..,-. 162 

Act  amending  the  road  law , 152 

A-ct  author  ieing  tlk;  publications  to  be  made  in  the  city  of  Mol)ilo 163 

Act  authf»rizing  the  Court  of  County   Gonimissionere   to  make  certain  ap- 
propriation?  198 

COOSA  COUNTY— 

Act  to  provide  for  tb<  ek-ctien  nf  County  Treasurer  by  tli<!  people. 163 

,4«t  to  amend  an  aot  nm'nding  th<»  Mechanic  8  lien  law  of  D.TlJan.  PIUp  and 

Coosa  counties.  .  •  154 

OMMISSIONERS— 

Art  to  pruvidc  for  the  appointm'nt   of  CommissiooorB  4«  exaDine  the  offi- 
Citx  and  lu^cotinls  of  certain  publ ic  oflicers , 37 


212 

COXECUH  COUNTY— 

Act  to  change  the  boundary  line  of  the  counties  of  Butler  and  Conecuh. .         151 

CORN— 

Act  to  regulate  the  sale  and  exportation  of  corn ...  44 

COMPTROLLER  OF  PUBLIC  ACCOUNTS— 

Act  to  provide  just  compensation  for  the  services  of  the  Comptroller 84 

CORPORATIONS— 

Act  to  repeal  in  part  An  act  to  regulate  the  agencies  of  Insurance  Compa- 
nies not  incorporated  by  the  State  of  Alabama,  &c 97 

Act  to  increase  the  corporate  privileges  of  the  Banks  and  Insurance  Compa- 
nies of  the  State  of  Alabama 103 

Act  to  establish  a.Bauii  in  1/he  town   of  Opelika  to  be  called  the  Exchange 

Bank  of  Alabama 105 

Act  i)o  incorporate  the  Red  Mountain  Iron  and  Coal  Company. . , . .' 118 

Act  to  incorporate  the  Selma  Iron  Foundry  Company 120 

Act  to  incorporate  the  Bibb  County  Iron  Company 121 

Act  to  incorporate  Hale  and  Murdock's  Iron  Company,  of  Fayette  county,        123 
Act  to  amend  the   charter  of  the  Shelby  county  Iron  Manufacturing  Com- 
piny , . .. .         124 

KAIL   ROADS. 

Act  to  incorporate  the  Mobile  and  South-Western  Rail  Road  Company 133 

Act  in  relation  to  the  Se'ma  and  Gulf  Rail  Road  Company,  and  the  Broad 

Street  Hotel  Company  of  Selma 148 

Act  to  extend  the  charter  of  the  Alabama  and  Tennessee  River  Rail  Road 

Company •  •         148 

Act  to  amend  the  charters  of  the  Alabama  and  Tennessee  Rivers  Rail  Road 
*       Company  ;  the  Alabama  and  Mississippi  Rail  Road  Company  ;  the  Selma 

and  Gulf  Rail  Road  Company,  and  the  Western  Rail  Road  Company. . . .         145 

Act  .supplemental  to  the  same . .      147 

Aet  to  amend  the  charter  of  the  Tennessee  and  Alabama  Central  Rail  Road 

Company i 147 

INStKANCE    COMPANIES, 

Act  to  amend  the  charter  of  the  Planters' 1 48 

Act  to  amend  the  charter  of  the  Eufauia  Home 148 


MI9CELLAME0US. 

Aet  to  incorporate  the  Mobile  and  Three  Mile    Creek  Plank  Road  Com- 


125 


pany • 

Act  to  incorporate  the  Cbewackla  Lime  Company. ....... 127 

7\ct  to  incorpo-ate  the  Southern  Express  Company 129 

Act  to  amend  "An  act  to   incorporate  the  South  Alabama  Manufacturing 

.  Company,"  approved  Feb.  24th,  1860 , 149 

Act  to  amend  "An  act  to  incorporate  the  Gas  light  Company  of  Selma", .  149 

aURTS— 

Act  in  relation  to  oflBcers  of  court '3' 

SUPREME, 

Act  to  amend  the  law  relating  to  the  printing  of  the  Reports  of  Decisions 
of  the  Supreme  Court ^^ 


213 

■COURTS— Continued. 


CIRCCTT. 

Act  to  fix  the  time  of  holding  the  general  elections  for  Judges  of  the  Cir- 
cuit Court,  &c 53 

Act  to  change  the  time  of  holding  the  circuit  courts  in  Marion,  Walker  and 

Winston  counties 159 

CUANCERY. 

Act  to  provide  for  the  taking  of  testimony  by  registers  in  chancery 71 

Act  to  authorize  the  appointment  of  special  registers  in  chancery  iu  certain 

cases,  (fee 16 

Act  to  detach  Macon  from  the  Middle  and  attach  it  to  the  Southern  Divis- 
^  ion  ;  and  to  detach  Sumter  from  the  Southern  and  attach  it  to  the  Middle 

Division 157 

PROBATE. 

Act  in  relation  to  the  allowance  of  extra  compensation  to  the  judges  of 

probate.  &c 29 

Act  to  fix  the  time  of  holding  the  general  elections  of  judges  of  the  circuit 

court  and  judges  of  probate,  &c 53 

Act  in  relation  to  publications  by  courts  of  probate 75 

Act  to  amond  '•  An  act  fo  authorize  certain  gettlements  in  the  probate 
courts  of  this  State" 76 

COUNTY  commissioners;. 

Adt  to  legalize  certain  acts  of  the  courts  of  Countv  Commissioners  of  this 

State 25 

Act  to  enable  the  courts  of  County  Commissioners  to  appoint  overseers  and 
apportioners  of  [  ublic  roads  over  the  age  of  eighteen  and  under  the  age 
of  sixty 77 

Act  in  relation  to  the  records  of  the  courts  of  County  Commissioners 78 

COVINGTON  COUNTY— 

Section  1140  of  the  Code  amended  as  to   this  county 100 

DALLAS  COUNTY— 

Act  amending  act  to  amend  the  Mechanics'  Lien  law  of  Dallas,  Pike  and 
Coosa  counties 164 

DEPOSITIONS— 

Act  to  authorize  the  taking  sf  depositions  of  subscriWng  witnesses  to  wills 

in  certain  cases 72 

Act  providing  for  taking  testimony  upon  interrogatories  in  certain  criminal 

cases 70 

Hubdivision  4  of  section  2318  of  th«  Code  amended 102 

DISTILL.\TlON— 

Act  t^  prohibit  the  distillation  of  grain  in   the  State  of  Alabama,  except 

under  the  direction  and  authority  of  tfae  Governor 43 

EDUCATIONAL  FUND— 

Act  in  relation  to  the  distribution  o(  the  Educational  fund  for  180.  97 

ELECTIONS— 

Act  to  fix  the  time  of  holding  the  geneia'  elections  forjudges  of  the  circuit 

court  and  jiidgfs  of  probate,  and  olbiT  inferior  courts b". 

Act  to  amcad  the  law  In  relation  to  elections  in  certain  cases (>?> 


21*4 

ESTATES  OF  DECEDENTS— 

Act  giving  the  probate  court  of  Autauga  jurisdiction  of  thie  estate  of  Thoe. 

C.  Daniel 150 

Act  giving  the  probate  judge  of  Coffee  county  jurisdiction  of  the  estate  of 

Jno.  J.  Alsabrooks 1G9 

Act  giving  the  probabate  judge  of  Butler  county  jurisdiction  of  the  estate 

of  Benjamin  W.  Campbell 169 

Act  to  remove   the   estate  of  Nancy  M.  Thompson  from   Tuskaloosa  to 

Greene  county 170 

Act  in  relation  to  the  real  estate  of  Duncan  L.  Nicholson 171 

Act  as  to  probating  the  will  of  Geo.  G.  Tankersley,  Sr 172 

Act  authorizing  administration  of  thy  estate  of  W.  H.  Hibbler * 172 

Act  authorizing  administration  of  estate  of  M.  G.  Jackson 173 

Act  in  relation  to  the  estate  of  Lewis  L.  Langham , 173 

Act  removing  estate  of  Jno.  B.  Christian  from  Butler  to  Wilcox  county. .  174 

Act  to  legalize  private  sales  made  by  the  administrator  of  Alvin  Burrows,  175 
Act  authorizing  the  executors  of  N.  B.  Powell  to  diispense  with  certain  re- 

kirns  and  settlements  in  the  probate  court 176 

EXTORTION— 

Act  to  prevent  extortion 175 

EXECUTORS— See  Administrators. 

FALSE  REPRESENTATIONS— 

Act  to  prevent  false  representations  as  to  Government  agencies 65 

FAYETTE  COUNTY— 

Act  authorizing  the  court  of  county  commissioners  to  levy  a  tax  on  dogs,  155 
Act  legalizing  the  action  of  the  court  of  county  commissioners  in  levying 

a  special  tax 158 

GOVERNOR— 

Act  to.  authorize  the  Governor  to  borrow  money  on  the  credit  of  the  State,  80 

Act  to  authorize  the  Governor  to  do  certain  things  therein  named 36 

Act  to  provide  for  the  appointment  of  commissioners  to  examine  the  offices 

and  accounts  of  certain  public  ofi&cers 37 

Act  to  authorize  the  Governor  to  lease,  for  a  period  not  exceeding  ten  yeans, 

to  the  Confederate  Government,  a  certain  portion  of  the  Saline  Reserves,  56 

Act  authorising  the  (aovernor  to  fix  the  compensation  of  S.  S.  Houston  and 

others 195 

GREENE  COUNTY— 

Act  to   remove   the   estate  of  Nancy  M.  Thompson  from   Tuskaloosa   to 

Greene  county llO 

GOLDTHWAITE  GEORGE— 

Act  authorizing  him  to  rent  or  lease  the  real  estate  of  his  ward  by  private 

contract 115 

GUARDIANS — Sek  Administratoks. 

HO  USTON  S.  S  ,  AND  OTHERS- 

Act  authorizing  the  Governor  to  fix   the    compensation  of  S.  S.   Houston 
and  others 195 

INSANE  HOSPITAL— 

Act  in  relation   to  the  transfer  of  insane  convicts  from  the  Penitentiary 

to  the  Hospital  for  insane  persons 95 

Act  to  repeal  "an  act  lor  the  relief  of  insane  convicts  in  the  penitentiapy"  96 


215 

INTEREST—    -aT-^- >"":'"  -V^^' 

Act  regulating  the  interest  upon  debts  in  payment  of  which   Confederate 

Treasury  notes  may  be  tendered  and  rcluscd 6b 

JAILORS— 

Act  to  increase  the  fees  of  Jailors  for  victualing  prisoners 73 

JEFFERSON  COUNTY— 

Act  changing  the  line  of  Jefferson  and  Shelby   counties 15(1 

Act  authorizing  publications  to  be  made  in  the  newspapers  of  Selina. ...  156 

Act  to  hold  a  special  term  of  the   Chancery  Court     1 56 

Act  to  prevent  the  destruction  by  fire  of  property  in  the  townsand  villages  166 

JOINT  RESOLUTIONS— 

Upon  railroad  transportation  iu  the  several  States  of  the  Confederacy. . . .         200 
In  relation  to  the  liability  of  Militia  officers  of  this  State  to  enrollment  un- 
der tbe  Conscription  acts  of  the  Confederate  Slates 201 

In  relation  to  the  defence  of  Mobile ..201-202 

Requesting  the  Governor  to  give  information  in  relation  to  debts  due  the 

State  Bank  and  branches 202 

In  relation  to  the  War  debt  of  the  Confederate  States 202-203. 

iVpproving  the  payment  of  the  Confederate  War  tax  by  the  Governor. . . .         203 

Of  thanks  to  the  Ladies  of  Alabama 504 

In  relation  to  the  Alabama  Volunteers 204 

In  relation  to  the  payment  of  the  first  initalnient  of  the  fund  appropriated 
for  the  support  of  indigent  families,  under  the  act  approved  Nov.  12tb, 

1862,  to  certain  counties  therein  named 205-20C 

To  authorize  H.  C.  McCall  to  draw  the  per  diem  of  N.  L  Brooks,  a  mem- 
ber of  this  House 2'i6 

For  the  relief  of  James  A.  M.  Thompson,  of  Choctaw  county 2O6-".207 

JUDICIAL  PROCEEDINGS— 

Act  to  amend  the  act  approved  Dec.  10,  1861,  to  regulate  Judicial  proceed- 
ings    64 

Act  in  respect  to  forcible  entry  and  unlawful  detainer 65 

Act  to  suspend  the  operations  of  certain  limitations  of  the  Code  and  slat^ 

utes  of  Alabama G''> 

Act  to  suspend  the  operation  of  the  statutes  of  non-claims  in  certain  cases  06 

Act  to  suspend  during  the  war  the  statute  of  non-claims  in  certain  cases. .  67 

Act  to  regulate  the  interest  upon  debts  in  payment  of  which  Confederate 

Treasury  notes  may  be  tendered  and   refused d^ 

Act  to  repeal  in  part   "an  act  in  relation  to  debts  due  alien  enemies,"  ap- 
proved Dec.  10,  1861 69 

Act  the  more  effectually  tb  provide  for  the  redemption  of  real  estate  sold 

under  execution 6y 

Act  to  provide  for  the  taking  of  testimony  upon  interrogatories  in  certain 

criminal  cases 70 

Act  to  supply  record  evidence  in  certain  cases 71 

Act  to  provide  for  the  taking  of  testimony  by  registers  in  chancery 71 

Act  to  provide  for  making  persons  absent  in  the  Confederate  army  parties 

to  applications  to  probate  wills  and  for  grants  of  administration 72 

Act  to  authorize  the  taking  of  depositions  of  subscribing  witnesses  to  wills 

in  certain  cases 72 

LANDS— 

Act  to  authorize  the  '-<''■  "•  'itids  mortgaged  to  the  State 68 

LINERS— 

Act  lepealing  in  part  an  act  constituting  Seaborn  W.  ITarvill  and  Samuel 
B.  U&rvill,  liners 1 7S 


216 

LEAD— 

Act  to  provide  for  the  discovery  of  lead  in  Alabama 9C 

MACONCOrNTY— 

Act  to  detach  it  from  the  middle  and  attach  it  to  the  southern  Chancery  di- 
vision          157 

Act  authorizing  the  commissioners'  court  to  appropriate  a  certain  amount 
of  taxes  levied  for  county  purposes,  to  the  support  of  the  indigent  fami- 
lies of  volunteers,  &c 158 

Act  authorizing  the  probate  court  to  grant  administration  upon  the  estate 

of  Martin  G.  Jaelison , 173 

MARSHALL  COUNTY— 

Act  requiring  the   county  treasurer  to  register  certain  claims  against  the 

county 4 158 

Act  legalizing  the  action  of  the  court  of  county  commissioners  in  levying 

a  special  tax 158 

MADISON  COUNTY— 

Act  lor  the  relief  of  the  assessor  and  collector  of  taxes 187 

MARION  COUNTY— 

Act  changing  the  time  of  holding  the  circuit  court 159 

MECHANICS'  LIEN  LAW— 

Act  amending  an  act  to  amend  the  Mechanics'  lieu  law  of  Dallas,  Pike  and 

Coosa  counties ' 154 

MILITARY  AFFAIRS— 

Act  making  appropriations  for  the  military  defense  of  Alabama 24 

Act  to  provide  for  the  support  of  the  indigent  families  of  soldiers  from 

Alabama 26 

Act  to  provide  for  the  public  safety 37 

Act  to  amend  an  act  to  provide  for  the  public  safety.' 40 

Act  supplementary  to  an  act  to  pi'ovide  for  the  public  safety 41 

Act  to  regulate  impressments 42 

Act  for  tlie  def^-nse  of  the  Northern  part  of  the  State 42 

Act  to  aid  the  Confederate  Government  in  providing  shoes  for  the  Alabama 

soldiers  in  the  Confederate  ai-my,  &c 47 

Act  for  the  benefit  of  the  hospitals   established  in  Richmond  for  sick  and 

wounded  soldiers  from  Alabama  ;  also  for  the  benefit  of  the  Mihtary  Aid 

Society  of  Mobile,  &c 62 

\ct  to  render  certain  persons  subject  to  militia  service 63 

Act  to  amend  the  Military  Code 64 

Act  to  repeal  an  act  to  provide  for  the  military   education  of  two  young 

men  from  each. county  in  the  State  of  Alabama 64 

Act  to  amend  "an  act  the  more  eflectually  to  secure  subordination  among 

slaves,   &c."...    72 

Act  to  provide  for  the  defease  of  Mobde •...., 162 

Act  to  authorize  the  Confederate  States"  to  purchase  and  hold,  ia  Alabama, 

a  site  for  Rolling  Mills,  &c .'        1*76 

Act  amendatory  of  the  same l*?*? 

Act  for  the  relief  of  soldiers  in  the  Confederate  service 118 

MOBILE  COUNTY— 

Act  to  enaljle   the  corporate  authorities  of  the  city   of  Mobile  to  levy  an 

additional  tax  on  real  estate  for  municipal  purposes. .......' 160 

Act  authorizing  the  probate  judge  to  remove  his  office  records  to  a  place  of 

safety. , 160 

Act  amendatory  of  an  act  for  the  improvement  of  the  bay  and  harbor  of 

Mobile ' 161 


217 

MOBILE  COUNTY— Continued.  ^  ,  • 

'  Afct  amendatory  of  an   act  to  protect   the  election  francbtse  in  municipal 

elections  in  the  city  of  Mobile,  approved  5th  Dec ,  1861 161 

Act  authorizing  the  enrollment  of  the  Creoles  of  Mobile 162 

Act  to  provide  for  the  defense  of  Mobile 162 

Act  iu  relation  to  the  estate  of  Lewis  L.  Langham Il3 

MONROE  COUNTY— 

Act  authorizing  the  commissioners'  court  to  levy  a  special  tax 163 

MONTGOMERY  COUNTY— 

Act  authorizing  the  corporate  authorities  of  the  city  of  Montgomery  to  con- 
trol and  improve  the  grounds  around  the  Capitol   163 

Act  changing  the  line  of  Montgomtry  and  Pike  counties 164 

Act  to  define  the  fees  of  the  Justices  of  the  Peace  and  Constables  in  the 
city   of  Moutgomery 164 

MOORE,  DR.  M.  G.,— 

Act  to  compensate  for  sei'vices  as  Warden 196 

MORGAN  COUNTY— 

Act  authorizing  the  court  of  county  commissioners  to  levy  a  lax  on  dogs. .         155 
Act  le;.alizing  the  acts  of  the  commissioners'  court 165 

NON-CLAIMS— 

Act  to  suspend  the  operation  of  the  statutes  of  non-claims  in  certain  cases  66 

Act  to  suspend  during  the  war  the  statutes  of  non-claims  in  certain  cases. .  67 

OFFICIAL  RECORDS— 

Act  to  provide  for  the  security  of  the  records  and  papers  in  the  custody  of 
the  several  officers  of  this  State 74 

PENITENTIARY— 

Act  to  provide  for  the  reorganization  of  the  State  Penitentiary 85 

Act  supplemental  to  the  same .' 94 

Act  iu  lelation  to   homicide  comiuitted  bv  convicts  in  the  penitentiary  for 

life ■. 95 

Act  in  relation  to  the  transfer  of  insane  convicts  from  the  penitentiary  to 

the  hospital  for  insane  persons 95 

Act  to  repeil  "an  act  for  the  relief  of  insane  convicts  in  the  penitentiary''  96 

Act  to  compensate  Dr.  M.  G.  Moore,  Warden 196 

PIKE  COUNTY— 

Act  amending  an  act  to  amend  the  Mechanics'  lien  law  of  Dallas,  Pike  and 

Coosa  counties 1 54 

Act  changing  the  line  of  Montgomery  and  Pike  counties 164 

Act  in  relation  to  the  real  estate  of  Duncan  L.  Nicholson  171 

PUBLICATIONS— 

Act  in  relation  to  publications  by  courls  of  probate 75 

PUBLIC  LANDS— 

Act  to  increase  the  price  of  certain  public  lands  belonging  to  the  State  of 

Alabama 80 

Act  to  consolidate  certain  l.md  districts  therein  named 81 

Act  fixing  the  time  within  which  proof  of  settlement  and  improvement  on 

public  lands  may  be  made  in  certain  cases 82 

Act  for  the  extension  of  the  time  of  settlement  and  cultivation  of  lands  en- 
tered under  the  36th  section  of  the  ordinance  of  the  convention  of  the 
State  of  Alabama 82 


218 

PUBLIC  LANDS— Continued. 

Act  to  repeal  "an  act  to  legalize  certain  entries  of  land,'' approved  Dec.  9, 

1861 83 

Act  amendatory  of  an  act  to  require  the  commissioner  of  public  lands  to 

issue  a  patent  to  Martha  Carroll,  of  Calhoun  county 177 

PUBLIC  PRINTING— 

Act  to  amend  section  88  of  the  Code 99 

RELIEF— 

Of  soldiers  in  the  service  of  the  Confederate  States 178 

Of  indigent  families  of  soldiers  in  Sumter  and  Walker  counties 179 

Of  certain  officers  in  Sumter  county 179 

Of  the  assessor  and  the  colldctor  of  taxes  for  Madison  and  other  counties.  187 

Of  the  securities  of  John  C.  Burgess,  late  tax  collector  of  Coosa  county. . .  188 

Bell,  Archibald  B., ]  85 

Bell,  W.  B.  andA.  R.  &  Co 196 

Campbell,  A.  G., 196 

Cantrell,  J.  P., 181 

Clark,  H.  J.,  jr.,  tax  collector 188 

Davis,  Louisa  Ann  and  William  W., 185 

Davis,  B.  B., 1 97 

Dubose,  Adele  Louise,  administratrix, 182 

Franklin,  Geo.  W.  and  J.  Tyler 184 

Gat;  s,  J.  P.,  late  tax  collector 189 

Green,  W.  P.,  tax  collector 189 

Grider,  A.  A.,  and  other  tax  collectors 190 

Harmon,  S.  B.,  tax  collector 190 

Headen,  James ., 186 

Harris,  Dr.  J.  C,  and  others , 193 

Hornsby,  Moses,  tax  collector 191 

Jarvis,  Mary  and  Nancy 184 

Johnston,  Burrel,  tax  collector ^ 192 

Meharg,  James .., » 192 

Mason,  W.  E.,  Register 194 

Nail,  M.  M  , 197 

Newman,  George,  guardian 183 

Pagles,  J.  F. 180 

Phillips,  0.  L., 180 

Rabb,  R.  S ., , 193 

Reese,  Sarah  C,  guardian, 1 83 

Robbs,  Mahulda 187 

Walthall,  W.,  tax  collector 194 

Watson,  H.  P. 196 

White,   Ffister  <fe  Co  , • 198 

Williams,  Thomas,  administrator .  181 

REVENUE  LAWS— 

Act  to  amend  the  Revenue  Laws  of  this  State 3 

Act  to  authorize  a  compilation  of  the  Revenue  Laws 21 

REDEMPTION— 

Act  the  more  effectually  to  provide  for  the  redemption  of  real  estate  sold 

under  execution 69 

EUSSELL  COUNTY— 

Act  authorizing  publication  to  be  made  in  a  newspaper  in  the  city  of  Co- 
lumbus,  Georgia 166 

Act  to  establish  a  bank  at  Opelika 106 


219 

ST.  CLAIR  COUNTY— 

Act  to  prevent  the  destruction  by  fire  of  property  in  the  towns  and  villages        166 

SUPREME  COURT  REPORTS— 

Act  lo  amend  the  law  relating  to  the  printing 85 

SALT— 

Act  to  authorize  the  governor  to  lease  for  a  period  of  not  exceeding  ten 
years  to  the  Confederate  government,  a  certain  portion  of  the  Saline  Re- 
serves   56 

Act  to  enable  the  people  of  Alabama  to  procure  necessary  supplies  of  salt 

at  reasonable  prices,  Ac ...  56 

Act  to  amend  an  act  supplemental  to  two  several  acts  in  relation  to  salt.  ..  58 

Act  to  prevent  salt  manufactured  by  any  of  the  lessees  of   the  public  salt 

lands  of  this  State  from  being  sold  to  non-residents  of  this  State 61 

Act  to  authorize  executors,  administrators,  guardians  and  trusteees  to  pro- 
vide salt  for  their  trust  estates 78 

SMALL  POX— 

Act  to  prevent  the  introduction  and  spread  of  small  pox  in  the  State  of 

Alabama 46 

Act  to  provide  means  for  arresting  the  spread  of  small  pox  in  TalLipoosa 

county 161 

SHELBY  COUNTY— 

Act  changing  the  line  between  Jefferson  and  Shelby  counties 156 

Act  to  prevent  the  destruction  by  fire  of  property  in  the  towns  and  villages        166 

STATE  BONDS— 

Act  to  authorize  the  issue  and  sale 30 

STATE  TREASURER— 

Act  to  provide  just  compensation  for  the  services  of  the  State  Treasurer. .  83 

SECRETARIES  OF  THE  GOVERNOR— 

Act  to  provide  just  compensation  for  ihe  Secretaries  of  the  Governor 84 

SECRETARY  OF  STATE— 

Act  to  authorize  the  Secretary  of  State  to  employ  a  Clerk 84 

SUMTER  COUNTY— 

Act  detaching  it  from  the  southern  and  attaching  it  to  the  middle  chancery 

division 157 

Act  amending  the  law  in  relation  to  public  bridges 167 

Act  for  relief  of  indigent  families  of  soldiers 179 

Act  for  relief  of  certain  officers 179 

TREASURY  NOTES— 

Act  to  authorize  the  issuance  of  Treasury  note  change  bills  by  the  State 
of  Alabama 83 

Act  to  amend  an  act  to  authorize  the  issuance  of  Treasury  note  change 

bills 84 

Act  to  amend  an  act  to  authorize  the  issuance  of  Treasury  note  change 

bills 36 

Act  to  place  at  the  disposal  of  the  Governor  an  addtional  Fum  to  carry  in- 
to effect  the  act  to  authorize  the  issuance  of  Treasury  note  change  bills  8ft 

TAXES- 

Act  to  amend  the  Revenue  laws 8 

Act  to  amend  an  act  to  exempt  from  taxation  a  certain  amount  of  proper- 


220 

TAXES -Continued. 

ty  of  volunteers,  &c 17 

Act  to  authorize  the  courts  of  county  commissioners  to  levy  a  tax  for  the 

support  of  indigent  families  of  soldiers,  &c  , 17 

Act  to  repeal  the  tax  on  county  seals  in  certain  cases 18 

Act  to  regulate  the  sale  and  exportaiion  of  corn 44 

TRANSFER  OF  SPECIAL  FUNDS— 

Act  authorizing  the  transfer  of  certain  funds  raised  for  special  purposes  to 
the  general  fund  of  the  State  Treasury 25 

TALLAPOOSA  COUNTY— 

Act  to  provide  means  for  arresting  the  spread  of  small  pox  in  this  county. .         167 

TANKERSLEY,  GEORGE  G.,  Sr.— 

Act  to  aid  the  executors  of  his  will  to  probate  the  same 172 

TUSCALOOSA  COUNTY— 

Act  to  rem#ve  the  estate  of  Nancy  M.  Thompson  from  Tuscaloosa  to 

Greene  county 170 

TRUSTEES— See  Administkatoes. 

WALKER  COUNTY— 

Section  1140  of  the  Code  amended  as  to  this  county 100 

Act  changing  the  time  of  holding  the  circuit  court ,. . .  159 

Act  more  eflectually  to  provide  for  the  support  of  the  indigent   families  of 

soldiers 168 

Act  for  the  relief  of  indigent  families  of  soldiers 179 

WINSTON  COUNTY— 

Act  changing  the  time  of  holding  the  circuit  court 159 

WILCOX  COUNTY— 

Act  in  relation  to  the  estate  of  Lewis  L.  Langbam. 173 


221 


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